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Delhi HC pulls up MCD officials for failing to act against illegal construction

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New Delhi, Jan 31 (PTI) The Delhi High Court on Wednesday pulled up MCD officials for failing to act against certain illegal and unauthorised construction in Chandani Mahal area.

A bench headed by Acting Chief Justice Manmohan “warned” the officials, who were present in court, and questioned how the construction activity was permitted to go on in spite of an earlier order directing removal of illegal structures there as well as a ‘work stop’ notice.

“You must be thinking this government job is not worth it. If you don’t want to do it, give it up. You don’t get to know when cement comes?… (Officials) have to be vigilant when petition is pending in court. His job is on the line,” the bench, also comprising Justice Manmeet PS Arora, said.

The court’s observations came on a petition by an NGO which claimed that in spite of a ‘work stop’ notice and show cause notice, the illegal and unauthorised construction was still going on unabated at the site in question in violation of a judicial order passed last year.

The MCD counsel said the construction activity was being carried out behind a facade and the officials cannot enter the property without permission but a show cause notice was issued to the builder.

The court was informed that the orders for demolition have been issued for February 5.

The court asked the authorities to explain how the ongoing illegal construction was visible to the petitioner but not them and said that satellite images are available for everyone to see.

“They believe they (MCD) will turn a blind eye. How does the petitioner get to know but not the officer?…Police is saying we intimated 15 days in advance,” the court remarked.

The MCD counsel assured that demolition would be carried out, and the court asked the police to provide assistance.

The counsel for the petitioner also said there were pictures showing ongoing construction at a site near Kashmiri Gate even after orders have been passed against it by the high court.

The court said it was a “very sorry state of affairs”.

The MCD counsel said a status report would be filed after inspection.

On Tuesday, the court had asked the MCD officials concerned to be personally present before it after it said that it failed to understand how the construction at site was continuing even in spite of a show cause notice, work stop notice as well as demolition order.

“This Court is of the prima facie view that without the passive support of the MCD and police officers, construction at the site in question could not have been carried out,” the court had said. PTI ADS ADS KVK KVK

This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

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