SC Mulls CBI Probe into Illegal Construction in Chandni Chowk, Delhi

SC Mulls CBI Probe into Illegal Construction in Chandni Chowk, Delhi

The Supreme Court today indicated its intention to order a Central Bureau of Investigation inquiry into the alleged illegal and unauthorized commercial constructions in Chandni Chowk, Delhi, along with the Municipal Corporation of Delhi's failure to address the issue.

Pulling up the Municipal Corporation of Delhi over its inaction, Justice Surya Kant said, "We are inclined to [direct] CBI to investigate...in Chandni Chowk, builders construct like that and you shut your eyes!?"

When the MCD counsel stated that the alleged unauthorized construction had been removed following orders from the Delhi High Court, and that a Court Commissioner's report was also available, Justice Kant raised a question, asking whether the Corporation was being run by builder(s).

Defending the Corporation, the counsel stated that orders for sealing and demolition were in fact passed, however, the judge exclaimed, "Someone comes in PIL, then suddenly you wake up [and] start doing all this lame exercise. The High Court unfortunately does not even allow petitioners to say something and suddenly closed on your statement. We will direct CBI to investigate everything."

At this point, the MCD's counsel clarified that the High Court did not dispose of the matter based solely on the Corporation's statement. Instead, photographs were on record to demonstrate the updated situation. However, the bench adjourned the matter for one week, directing the Corporation to show cause as to why a more thorough investigation should not be ordered.

"This matter requires not only the inspection of the site by an expert team, including the measurements, the affairs of the Municipal Corporation would also have to be gone into in the matter of permitting illegal and unauthorized commercial constructions apparently for extraneous considerations. There shall be a show cause as to why a deeper probe [not] be ordered..." dictated Justice Kant.

In addition to the direction given to the MCD, the bench of Justices Kant and N Kotiswar Singh instructed the petitioners to serve notice to the unserved respondents, as the Court cannot pass an order without hearing them. The bench also asked the petitioners to propose names of independent individuals (such as architects, engineers, etc.) for the formation of a Committee that could inspect the site before the Court considers ordering a CBI inquiry.

The first impugned order notably recorded a statement confirming that the unauthorized construction had been removed by the private respondent, a statement which was also affirmed by the MCD's counsel. Based on this, the High Court allowed the private respondent to carry out repairs on the property but instructed the MCD to maintain strict vigilance. Additionally, a Court Commissioner was directed to visit the site and submit a fresh report. If the report revealed any violation of the law, an application could be filed accordingly.

Case Title: DR. S. JAITLEY AND ANR. Versus MUNICIPAL CORPORATION OF DELHI AND ORS., Diary No. 35312-2024

 
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