Centre urges SC to monitor plan for clearing civic mess
SEALING Centre admits civic bodies failed to check construction activity in city
You owe an explanation to the residents of Delhi. For 30 years you have done nothing. You kept giving licenses left, right and centre. Allowed unauthorised structures to come up, without any concern for anybody.
NEWDELHI: The Centre on Wednesday admitted before the Supreme Court that the civic bodies in Delhi had failed to regulate construction activity in the national Capital and urged the court to step in to monitor execution of a new roadmap prepared by the government to clear the mess in the city.
“Supreme Court is the only solution. You can make all the authorities come on board and work together,” additional solicitor general AS Nadkarni told a bench of justices MB Lokur and Deepak Gupta. The bench shot back : “We are not policemen. Why should we do it? Does the Supreme court has nothing more to do?”
Justice Lokur made it clear that the court will not allow “big showrooms” in residential areas. “We are not against small shops selling essential commodities if the person running it resides in the same building. But these showrooms and restaurants in residential areas cannot continue unless you do not care,” he told Nadkarni when he spoke of MPD2021.
Justice Gupta also raised the issue with regard to restaurants operating in market areas, saying they find means and ways to evade fire licences. “This should stop,” the judge said.
The civic agencies in the Capital are sealing properties over the alleged misuse, encroachment and running establishments on non-notified areas. The drive started on the orders of the Supreme Court on December 15, and so far at least 6,000 properties have been sealed by three municipal corporations.
Later, however, the court permitted representatives of all the authorities, including the Delhi government and Union urban development ministry to hold a meeting with the monitoring committee and submit a proposal to resolve the menace of illegal construction and misuse of residential premises in Delhi.
The apex court directed that only those officials who are competent to take a decision will participate in the meeting and a plan should be given to it on April 9.
The Centre took the stand after being criticised for two consecutive days by the top court for bringing a law — The Delhi Laws (Special Provisions) Act, 2006 — that protects unauthorised constructions up to 2014 from demolition. Petitions have been filed before the court challenging the law.
Even on Wednesday the court admonished the Centre’s attitude and said people of Delhi had been treated like cattle. “You owe an explanation to the residents of Delhi. For 30 years you have done nothing. You kept giving licenses left, right and centre. Allowed unauthorized structures to come up, without any concern for anybody,” Justice Lokur said.
Nadkarni said striking down the law is not a solution to the problem. “It was the task of the Delhi government and local bodies to ensure that regulations were adhered to. But, they failed,” the law officer said. “There is no doubt that Delhi is in a mess but the intention is to make everything orderly and organised. I would suggest that you monitor the situation and ask the authorities to perform their duties in a time-bound manner.”
The law officer said court has in the past monitored several issues to which the bench replied “because you are doing nothing.”
“And, when the Supreme Court says something, it is said there is judicial activism and judicial overreach. This is happening. The Government of India can shut its eyes but we cannot. We have the constitutional obligations,” justice Lokur remarked.
Justice Gupta took strong exception when Delhi government counsel, DN Goburdhan said the Centre might bring a new law if the court decides to strike down the one under challenge. “I am really surprised that you even make such a submission. Even if you do, we care two hoots to such an argument,” he said, snubbing the counsel.
Justice Lokur said in a lighter vein: “Tomorrow there will be dharna outside my house too. If traders can protest outside the monitoring committee’s office then they can do anything.”