Courts being used as “pawns” in matters of illegal construction: HC

New Delhi, Jul 4 (PTI) The Delhi High Court on Thursday castigated the MCD commissioner over illegal and unauthorised constructions in the national capital and said courts were being used as “pawns” in the process.

It said one of the reasons for flooding in Delhi is that water outlets are blocked due to unauthorised constructions and asked the civic body chief to take stern action against erring officers.

The bench said it has noticed that some lawyers are also blackmailing and extracting money in unauthorised construction matters and the court process was being misused.

“We are being used as a pawn in the entire thing. We want to break this nexus, it is a big nexus. The system is collapsing. You do something and take drastic action against your officers,” the bench told the MCD commissioner.

A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela apprised Municipal Corporation of Delhi (MCD) Commissioner Ashwani Kumar, who joined the proceedings virtually in pursuance of the court’s direction, about filing of motivated petitions which cannot be ignored as the fact of illegal and unauthorised constructions is not in dispute.

“Courts are being used as a strategic tool by both the petitioner and the officials of MCD for their ulterior purposes and for extracting money. Professional persons are filing a number of petitions on unauthorised constructions. We are stuck in a strange situation. If we take action, they tend to extort money from the property owner. If we don’t take action, then the unauthorised construction remains,” the bench said.

The court said, “The floods in Delhi are because outlets of water are blocked. Drains are choked. This is because of unauthorised constructions. Houses and buildings have been constructed on public lands and drains so there is no way left for water to flow.”

It questioned the MCD officials for turning a blind eye to unauthorised constructions coming up in the city and said it is not possible without the complicity of MCD officials.

Responding to the concerns raised by the bench, the commissioner assured the court that strict action will be taken against erring officials, they will be sensitised, and a strong message will be sent out that such activities are not going to be tolerated.

He assured the court that the civic body will take action against unauthorised constructions and they will be removed.

The court was hearing a petition filed by a 20-year-old woman seeking directions to the authorities to stop and demolish an illegal and unauthorised construction being carried out on a land in Paharganj here.

During the hearing, the MCD counsel contended that the petition was motivated.

The high court had earlier said though it was prima facie in agreement with the contention that the petition seemed to be motivated, it does not take away from the fact that the construction was illegal and unauthorised.

“This court has been dealing with a number of similar matters where the bonafide of the petitioner is suspect, but the factum of unauthorised and illegal construction is not in dispute,” it had said.