Hindustan Times (Delhi)

Centre urges SC to monitor plan for clearing civic mess

SEALING Centre admits civic bodies failed to check constructi­on activity in city

- Bhadra Sinha letters@hindustant­imes.com

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.”

 ?? SUSHIL KUMAR/HT FILE PHOTO ?? Traders in the city are protesting against the sealing drive by the three municipal corporatio­ns on the directions of the Supreme Courtappoi­nted monitoring committee.
SUSHIL KUMAR/HT FILE PHOTO Traders in the city are protesting against the sealing drive by the three municipal corporatio­ns on the directions of the Supreme Courtappoi­nted monitoring committee.
 ?? ANUSHREE FADNAVIS/HT FILE STORY ?? The question papers of CBSE Class 10 maths and Class 12 economics board exams had leaked, triggering protests from students and their parents.
ANUSHREE FADNAVIS/HT FILE STORY The question papers of CBSE Class 10 maths and Class 12 economics board exams had leaked, triggering protests from students and their parents.

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