Unauthorized Constructions Are Bane To City's Orderly Development: Delhi High Court

Unauthorised constructions are a bane to the orderly development of Delhi, which is already at its seams and cannot be allowed to continue to stand in perpetuity, the High Court has observed.

The observation came while dismissing an appeal against an order of demolition of unauthorised construction carried out in a property in south Delhi s Hauz Khas.

Justice C Hari Shankar did not interfere with the September 14 order of a trial court, which had also dismissed the challenge to tribunal's decision of ordering the demolition of unauthorised construction on the property.

"Unauthorised constructions are a bane to orderly development of the city, which is already bursting at its seams and cannot be allowed to continue to stand in perpetuity," Shankar said.

Advocate Prashant Katara appeared for the Petitioner while Advocate Tushar Sannu appeared for the MCD.

In September 2011, the Municipal Corporation of Delhi (MCD) had issued a show cause notice, alleging that unauthorised constructions had taken place at the property in Hauz Khas. A demolition order was issued in October that year.

The owner of the property challenged the show cause and demolition order before the high court in 2013, which had quashed the demolition order and asked the petitioner to give a reply to the notice.

The property was again booked for demolition with a notice on December 9, 2020, alleging more unauthorised construction there. The demolition order was challenged before the MCD tribunal, a trial court and the high court, which refused to grant any relief.

"It's now nearly 10 years since the order dated February 8, 2013, was passed by this court.... It's time that a quietus was arrived at and the dispute set at rest," the High Court said.

Cause Title: Sher Mohammad v. Municipal Corporation of Delhi

Click here to read/download Order

With PTI inputs