Delhi High Court orders CBI probe into "illegal monstrosity" built at Nizamuddin; says MCD, DDA need structural reforms

The Delhi High Court on Tuesday ordered the Central Bureau of Investigation (CBI) to investigate the illegal construction carried out in a sealed building near the protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb in the national capital [Jamia Arabia Nizamia Welfare Education Society v. Delhi Development Authority through its Vice Chairman and Ors]..A Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora expressed shock at the fact that such activity was carried out in the heart of the city and the authorities failed to stop it.“The illegal monstrosity as big as a five-story building has come up in the heart of the city…Despite multiplicity of authorities and elaborate system of checks and balances, illegal construction is going on in Delhi at a scale unheard of,” the Bench observed.The Court noted that though the Delhi Police had registered an FIR, it would be proper that the same is transferred to the CBI for proper investigation..Encroachment near Nizamuddin Dargah not possible without connivance of Delhi Police or MCD: Delhi High Court.The Bench further called for structural reforms in the working of the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to deal with the issue of unauthorised construction.It, therefore, directed the MCD Commissioner and the Vice-Chairman (VC) of the DDA to put in place structural reforms and devise new ways to deal with encroachment and unauthorised construction in the city.The VC and Commissioner have been ordered to hold a meeting on the issue and place the minutes of meeting before the Court.“The executive seems to be satisfied with status quo and is unwilling to reform the system by using easily accessible technology using drones and other methods… In today’s time, MCD is continuing to use tape and string to seal a building and is normally puncturing the roofs partially in the name of demolition. No wonder the sealing and demolition action are having no effect,” the Bench recorded in its order..The Court passed the order while dealing with a public interest litigation (PIL) filed by Jamia Arabia Nizamia Welfare Education Society seeking an inquiry against officials of the Archaeological Survey of India (ASI) and the DDA.The plea stated that the construction was carried out barely a few metres away from ASI protected monuments..The MCD told the Court that the allegedly illegal guest house is situated at the land belonging to the DDA. On the other hand, the DDA argued that it was the MCD’s duty to regulate and enforce building byelaws in the area, and remove illegal encroachments.The Delhi Waqf Board, meanwhile, claimed that the land on which the property is situated belongs to them. This was opposed by DDA..The Bench expressed its surprise over these contentions and said it is not clear how the nature of the property changed from a graveyard, to a single-room warehouse, to a two-storey building and, ultimately, a five-storey structure.