What Delhi High Court suggested to avoid blame game between MCD and DDA in encroachment cases

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) and Delhi Development Authority (DDA) to demarcate properties falling under their respective jurisdictions, to ensure accountability when there is a failure to act against encroachments on public property [Jamia Arabia Nizamia Welfare Education Society VS. DDA & Ors.].

The order was passed while disposing of a public interest litigation (PIL) seeking action against DDA and MCD officials for not taking action against an illegal construction near Hazrat Nizamuddin Dargah.

The plea highlighted that even the Archaeological Survey of India had issued a work stop notice against the illegal construction. However, the MCD and DDA officials did not take any action against the  illegal construction.

To ensure that liability can be properly fixed on the officials who fail to act on such issues, the Bench of Chief justice Manmohan and Justice Tushar Rao Gedela has directed the DDA and MCD to demarcate its boundaries and jurisdictions.

“DDA and MCD are directed to demarcate their boundaries and jurisdictions with precision (longitude and latitude) as far as possible,” the Court directed. 

The Court further directed the MCD to take action against officials found liable for not acting against the illegal construction in this case.

“This Court deems it fit to direct the Commissioner, MCD to fix the administrative liabilities of all the officials involved and take strict action in accordance with law as expeditiously as possible,” the Court said.

While hearing the matter, the Court was also informed that a memorandum of understanding has been executed between the Survey of India, DDA and MCD in August 2024 for five years, for the conduct of a drone survey of Delhi to detect illegal construction. 

The Court has urged Delhi’s Lieutenant Governor to consider extending this surveying to the whole of Delhi to fix boundaries, for land mapping, and for the better detection of illegal construction.

“The Hon’ble Lieutenant Governor is directed to consider extending the survey to the whole of Delhi so that the jurisdiction of all statutory authorities is clearly demarcated and the ground level reality is not a mystery and is known to all,” the Court said.

The plea before the Court sought the demolition of illegal construction at the Ziyrat Guest House at Hazrat Nizamuddin Dargah.

In earlier hearings, the Court had taken a serious view of such illegal constructions taking place at such a massive scale in the heart of Delhi, virtually under the nose of the MCD, DDA, ASI and the Delhi Police. The Court added that the illegal construction in this case appeared to have been carried out with the tacit support, if not active connivance, of the authorities.

The Court had, therefore, ordered a Central Bureau of Investigation (CBI) investigation into the matter by an order passed in February this year.

The MCD and DDA later submitted that the said construction has since been fully demolished. In light of this development, the Court has disposed of the PIL.

Advocates Rakesh Lakra, Bhavya Sharma, Kanika Sharma and Shivani Kher appeared for the petitioner, an NGO named Jamia Arabia Nizamia Welfare Education Society,

Senior Advocate Sanjay Poddar, Standing Counsel Shobhana Takiar, with Advocates Prateek Dhir, Shivani Takiar, Kuljeet Singh, Govind Kumar, Chand Chopra and Neha Bhupathiraju appeared for the DDA.

Additional Standing Counsel Farhat Jahan Rehmani, with Advocates Monis Raridi appeared for the Delhi Waqf Board.

Special Public Prosecutor Ripudaman Bhardwaj with Advocates  Kushagra Kumar, Abhinav Bhardwaj and Ravinder Kumar Bharti appeared for the CBI.

Advocates Ajjay Aroraa and Kapil Dutta appeared for the MCD.

Standing Counsel Pavan Narang, with Advocates Himanshu Sethi and Aishwarya Chhabra, appeared for other respondents.

[Read judgment]