SC cautions Centre, Delhi against politics over sealing

Will not get any second chance, SC tells authorities

◗ The court also asked the Centre and other authorities to consider aspects, like health of citizens and fire safety, before deciding on the unauthorised constructions

New Delhi, April 9: The Supreme Court on Monday asked the Centre and other authorities to consider aspects, like health of citizens and fire safety, before deciding on the unauthorised constructions here, saying they would not get a “second chance” unless they wanted to shift the national capital like Muhammad bin Tughlaq.

Tughlaq was the Sultan of Delhi from 1325 to 1351 and he had passed an order in 1327 to shift the capital from Delhi to Daulatabad in the Deccan region of south India. He had shifted his capital back to Delhi a few years later.

The top court also asked the Centre, Delhi government and agencies like the Delhi Development Authority ( DDA) and municipal corporation of Delhi ( MCDs), not to make the issue of unauthorised constructions and sealing “political” and directed them to have consider these aspects in a “holistic manner”. It pointed out several issues like fire safety, disaster management, massive depletion of ground water and said these aspects must be considered while taking any decision.

“When you take a decision, you consider all these points and the issues raised by Ranjit Kumar ( a senior advocate assisting the court as an amicus curiae). You are not going to get a second chance unless you want to shift the capital like Muhammad bin Tughlaq,” a bench of Justices Madan B. Lokur and Deepak Gupta said.

“Profit motive is not at all important. Health is more important than profit. Life of future generation is very, very important. What we have suffered, we have suffered but that does not give the right to anybody to put the life of children and future generation in danger,” the bench observed.

The apex court made the remarks after additional solicitor- general ( ASG) A. N. S. Nadkarni, appearing for the Centre, said they have held meetings with all agencies concerned and proposed to set up a special task force to monitor all issues related to unauthorised constructions.

He said the task force would identify encroachments on government lands, suggest course of action to the Centre with regard to unauthorised colonies in Delhi and also oversee effective enforcement of applicable laws by the local bodies, particularly regarding violations and unauthorised constructions.