Set up mechanism to ensure action against unauthorised construction: HC to MCD

The order dated November 11 also asked the civic body to file an affidavit with the necessary details

The Delhi High Court has asked the Municipal Corporation of Delhi (MCD) to set up a mechanism to ensure “systematic, transparent and even-handed” action against complaints of unauthorised construction.

In an order dated November 11, the court noted that each week it receives many cases accusing the civic body of taking no action regarding a particular construction despite several complaints being submitted.

It added that a case was filed in early November stating that the civic body took sealing action only with respect to the basement and second floor of a property in south Delhi’s Gulmohar Park, despite unauthorised construction found on the ground floor, mezzanine floor as well as the first floor.

During a follow up hearing on November 10, the High Court ordered the MCD to file a further affidavit explaining the limited sealing. “The facts of the present case also raise some questions with regard to the manner in which complaints with regard to unauthorised construction are dealt with,” it remarked.

The court also asked the MCD to answer in its affidavit how people may file complaints of unauthorised construction activities and on what basis the civic body decides the action with respect to such complaints.

It sought to know about the mode for issuance of show-cause notices for sealing and/or demolition, how the identity of the proposed noticee is determined and what records are looked into for this purpose.

The High Court posted the case for further hearing on December 15.