Delhi HC Directs DDA & MCD To Demarcate Their Boundaries & Jurisdictions With Precision; Orders LG To Consider Doing Survey

The Delhi High Court has directed the Delhi Development Authority (DDA) and Municipal Corporation of Delhi (MCD) to demarcate their boundaries and jurisdictions with precision and also directed the Lieutenant Governor (LG) to consider doing the survey to the whole of Delhi.

The Court was deciding a Public Interest Litigation (PIL) seeking action against the officials of the authorities who had allowed the encroachers to carry out unauthorized/illegal construction at Khasra no. 556, Ziyrat Guest House, near Baoli Gate, Hazrat Nizamuddin Dargah, near Police Booth.

A Division Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela ordered, “In view of the Standard Operating Procedure adopted under the Memorandum of Understanding executed between the SoI, DDA and MCD on 29th August, 2024 referred to above, no further orders are called for in that regard. The parties to the said MoU would be under an obligation to implement the said institutionalized long term mechanism. Further, both DDA and MCD are directed to demarcate their boundaries and jurisdictions with precision (longitude and latitude) as far as possible. 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.”

Advocate Rakesh Lakra represented the Petitioner while Senior Advocate Sanjay Poddar represented the Respondents.

Facts of the Case -

The Petitioner, Jamia Arabia Nizamia Welfare Education Society, sought a direction to demolish the aforesaid illegal and unauthorised construction. When the case was listed for the first time in January, 2024, the Court was informed that despite the Petitioner’s representation in November, 2023 to the Respondents, highlighting the illegal construction being carried out at Ziyrat Guest House and the Archaeological Survey of India (ASI) issuing a Work Stop Notice in December, 2023, the statutory authorities had failed to take any action. Since the counsel for ASI had stated that it had written a letter to register an FIR, the Court had observed that, prima facie, illegal and unauthorized construction was taking place with the tacit support, if not active connivance of statutory authorities and hence directed the Respondents to ensure that no further construction was carried out at Ziyrat Guest House.

Thereafter, in February, 2024, an impleadment application was filed by Babu Ali, who claimed himself to be the new owner of Ziyrat Guest House. At that time, the counsel for MCD had stated that despite sealing the first and second floor of the said property, the erstwhile owner namely, Mr. Raisuddin sold the property to Mr. Babu Ali. He stated that Mr. Babu Ali not only entered the said sealed property but also carried out construction of third, fourth and fifth floors. It was further stated that even the ground and the first floor of the said property were illegal and unauthorised as the land in question belonged to DDA. He had further stated that substantial demolition was carried out by the MCD on the third, fourth and fifth floors of the subject property. The counsel for the DDA had stated that the subject property falls in Khasra No. 556 Min. of Aliganj Revenue Estate, which is government land placed at the disposal of the DDA pursuant to the Nazul Agreement in 1937.

The High Court in view of the administrative lapses on the part of the MCD officials and the Status Report of the CBI (Central Bureau of Investigation), directed 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. It added that the said exercise be completed within twelve weeks.

“In view of the fact that the Ziyrat Guest House has already been demolished, nothing further survives for adjudication and the present PIL is closed. … The Status Report of the CBI be re-sealed and kept in the safe custody of the Deputy Registrar (Appellate)”, it concluded.

Accordingly, the High Court closed the PIL and issued necessary directions.

Cause Title- Jamia Arabia Nizamia Welfare Education Society v. Delhi Development Authority through its Vice Chairman & Ors. (Neutral Citation: 2024:DHC:8882-DB)

Appearance:

Petitioner: Advocates Rakesh Lakra, Bhavya Sharma, Kanika Sharma, and Shivani Kher.

Respondents: Senior Advocate Sanjay Poddar, Standing Counsel Shobhana Takiar, SPP Ripudaman Bhardwaj, SPC Pavan Narang, ASC Farhat Jahan Rehmani, Advocates Prateek Dhir, Shivani Takiar, Kuljeet Singh, Govind Kumar, Chand Chopra, Neha Bhupathiraju, Himanshu Sethi, Aishwarya Chhabra, Monis Raridi, Kushagra Kumar, Abhinav Bhardwaj, Ravinder Kumar Bharti, Ajjay Aroraa, Kapil Dutta, P.S. H. N. Din., and M. Arshyan.

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