Encroachment near Nizamuddin Dargah not possible without connivance of Delhi Police or MCD: Delhi High Court

The Delhi High Court on Tuesday pulled up the Delhi Police and Municipal Corporation of Delhi (MCD) officials for their failure to stop the illegal constructions near the Hazrat Nizamuddin Dargah..A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora remarked that such construction was not possible without the connivance of the police and civic authorities and that the Court may consider handing over the investigation in the case to the Central Bureau of Investigation (CBI).“Either Delhi Police is involved or MCD is. We will refer the investigation to the CBI. How can a building be constructed near a centrally protected monument without the connivance of the Delhi Police? Prima facie, we are of the view that CBI investigation is called for in this matter,” the Court remarked..The Court was dealing with a Public Interest Litigation (PIL) petition highlighting illegal construction in Delhi’s Nizamuddin area.An organisation named Jamia Arabia Nizamia Welfare Education Society approached the Court stating that illegal guest houses have been constructed barely 100 meters from the centrally protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb. Both these monuments are in the vicinity of the Nizamuddin dargah, it was stated.The Court was told that even though many guest houses were earlier sealed in the area, recently there has been a resurgence of the same. Authorities were not taking any action against such construction, the petitioner added. The counsel appearing for the Archaeological Survey of India (ASI) told the Court that the ASI had issued a show cause notice to the owner of the particular property where constructions has been carried and even asked the police to register a first information report. (FIR)..After considering the case, the Court summoned the Deputy Commissioner (Central Zone) of the MCD and asked the officer to remain present in the court.The Court further ordered the authorities to ensure that no construction is carried out in the property which has been named in the petition. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.