The court affirmed the necessity for the Municipal Corporation to enforce building regulations and effectively address unauthorized constructions under the Delhi Municipal Corporation Act.

ORDER :

W.P. (C) 6311/2023

1. The present Public Interest Litigation has been filed with regard to House No. 889, Ward No. 8, Near Jahaj Mahal, Near Sarai, Mehrauli, New Delhi - 110030 (hereinafter referred to as “Subject Property”), alleging unauthorized and illegal constructions concerning the subject property in violation of the building bye-laws and without approved sanction plans.

2. This court vide an order dated 19.10.2023 disposed of the said PIL while passing certain directions to the concerned authorities. The relevant portion of the said order is reproduced hereunder:

“7. Accordingly, the following additional directions are passed:

(a) STF is directed to complete the demolition (in co-ordination with the partly demolished construction at the Subject Property, with due consideration of the structural stability of adjoining structures.

(b) SHO, P.S. Mehrauli will ensure regular patrolling to keep a strict watch over the properties in order to prevent any further authorized construction or breaking seals at the Subject Properties.

8. It is made clear that any party which is aggrieved by any action taken by MCD in this matter is free to take recourse to the remedies available under the DMC Act.

9. Disposed of.

10. MCD is directed to file a compliance affidavit within three months.”

3. In view of the aforesaid direction, respondent no.1/Municipal Corporation of Delhi (hereinafter referred to as “MCD”) filed a status report dated 23.07.2024 alongwith certain photographs. Upon perusal of the said report and the photographs attached therein, this court vide the order dated 30.08.2024 had further directed the Commissioner, MCD to file an affidavit stating “as to how the MCD shall improve the sealing and demolition methodology”.

4. Pursuant to the said order, the Commissioner, MCD by way of a personal affidavit dated 25.09.2024 apprised this court about the methodology for sealing and demolition of unauthorised constructions. As per the averments in the affidavit, he stated that the matter pertaining to the methodology of sealing has already been addressed vide the office order dated 20.09.2024.

5. So far as the methodology for demolition is concerned, he stated that the MCD is adopting the manual ways and means available within its infrastructure. The relevant portion is reproduced hereunder:

4. That as far as methodology for demolition is concerned, MCD is presently adopting the manual ways and means available within its infrastructure as stated hereinunder:-

(a) For demolition operations, it is submitted that a Standard Operating Procedure has already been enforced for taking effective demolition and sealing actions vide Circular No.D/95/CE(Bldg.)HQ/MCD/2024 dated 29.01.2024, with its Corrigendum No.CE(B)HQ/2024/D-60 dated 30.08.2024, specifically emphasizing that the Department should carry out complete demolition of unauthorized construction needs to be effectively removed. It has also been directed in the said Circular that when the entire building is unauthorized, the whole unauthorized building/ structure including its load bearing elements should be demolished/razed to ground and necessary safety measures may be taken in this process.

6. Vide an order dated 04.10.2024, this court further directed the respondent no.1/MCD to file a supplementary affidavit. In compliance of the aforesaid order, respondent/commissioner, MCD filed a supplementary affidavit dated 24.10.2024. The relevant portion of the said is reproduced hereunder:

“4. That the deponent submits that the Section 345-A of DMC Act- 1957 envisages as under

345A. Power to seal unauthorised constructions (1) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition under section 343 or of the stoppage of the erection of any building or execution of any work under section 343 or under section 344, to make an order directing the sealing of such erection or work or of the premises in which such erection or work is being carried on or has be