Delhi HC directs CP to ensure force is provided for demolition
Sep 02, 2022
New Delhi [India], September 2 : The Delhi High Court recently directed the Commissioner of Police (CP) Delhi to ensure that the force is provided during an upcoming demolition drive in Sunder Nagri area of Northeast Delhi.
The division bench headed by Chief Justice Satish Chandra Sharma passed the direction after perusing the status report which stated that the demolition of unauthorised construction had not taken place because an adequate Police force was not available.
Advocate Sanjeev Sabharwal, standing counsel for MCD, apprised the bench that adequate police force was not provided for the demonstration drive against unauthorised construction.
He also submitted before the court that they are going to take action on September 6, 7, and 8 in respect of unauthorised construction/illegal structures.
The bench after noting the submission of the standing counsel for MCD, directed Delhi police and SHO police station Nand Nagari to provide all logistical support including the availability of police force in the matter.
"The Commissioner of Police shall ensure that police force is provided as directed by this court on the aforementioned dates," the court order read.
The court noted that the counsel for Delhi Police has also assured the court to provide logistic support in the matter. The court directed him to bring this order to the notice of the Commissioner of Police.
The bench has directed all the parties to file fresh status reports before the next date. The matter has been listed for September 20.
The direction has been passed on the petition filed by Masjid and Madarsa Ayesha through Advocate Arvind Kumar Shukla and Anu Singla.
The petitioner said that the "Delhi Urban Shelter Improvement Board (DUSIB)" had developed this area in Sunder Nagri to provide shelter to the homeless rehabilitate slum dwellers from different areas providing them residential accommodation and to facilitate them with some amenities.
Petition has stated that this is ongoing scheme of State Government since 1984-85. DUSIB is the nodal agency of Delhi Govt. for operation, maintenance & management of facilities for the areas which are developed by them in Delhi.
It was alleged by the petitioner that some builders had started erecting illegal/ unauthorized construction on land around 22 yards with 5 to 7 floors besides the basement.
It has been contended that all these constructions are neither sanctioned by the government nor the basic safety norms of construction are being followed, this negligent act is done by the builders without obtaining any permission or No Objection Certificate (NOC) from the concerned local authorities including the Fire Department.