The Supreme Court has expressed its inclination to direct a Central Bureau of Investigation (CBI) probe into alleged illegal and unauthorized commercial constructions in Chandni Chowk, Delhi, as well as the failure of the Municipal Corporation of Delhi (MCD) to take effective action against them.
Pulling up the MCD for its inaction, Justice Surya Kant remarked, “We are inclined to direct CBI to investigate… In Chandni Chowk, builders construct like that, and you shut your eyes!?”
The MCD’s counsel contended that the unauthorized construction had already been removed following orders from the Delhi High Court and that a Court Commissioner’s report confirmed this. However, Justice Kant questioned whether the Corporation was being influenced by builders.
In defense, the counsel argued that sealing and demolition orders had indeed been passed. However, the bench was unconvinced, with Justice Kant noting, “Someone files a PIL, and then suddenly you wake up and start taking action. The High Court unfortunately does not even allow petitioners to present their case and disposes of matters based on your statements. We will direct the CBI to investigate everything.”
The MCD’s counsel asserted that the High Court had not disposed of the case solely based on the Corporation’s statement and that photographic evidence was available to show the updated status. Nevertheless, the bench scheduled the matter for hearing after a week, directing the MCD to show cause as to why a deeper investigation should not be ordered.
Justice Kant dictated that the matter required not only an expert inspection of the site, including measurements, but also an inquiry into the affairs of the MCD concerning the alleged unauthorized constructions, seemingly permitted for extraneous considerations. The Court also directed the petitioners to serve the unserved respondents, emphasizing that no order could be passed without hearing all parties. Additionally, the Court called upon the petitioners to propose names of independent experts, such as architects and engineers, for the formation of a committee to inspect the site before any CBI investigation is formally ordered.
The case pertains to challenges against two orders of the Delhi High Court. The first order disposed of a petition seeking the removal of unauthorized construction at Bagh Deewar, Fatehpuri, based on statements made by the respondents, including the MCD. The second order excluded property No. 13-16, Bagh Deewar, from the scope of PIL proceedings initiated by residents of Katra-Neel, who alleged unauthorized commercial construction at property No. 15, Bagh Deewar, despite it being a residential zone.
Notably, the High Court had accepted the private respondent’s statement that unauthorized construction had been removed, a claim confirmed by the MCD’s counsel. Based on this, the High Court allowed repairs on the property while directing the MCD to maintain strict vigilance. A Court Commissioner was also tasked with inspecting the site and filing a fresh report. If any legal violations were found, the petitioners were granted liberty to file an application.
Case Title: Dr. S. Jaitley & Anr. v. Municipal Corporation of Delhi & Ors. (Diary No. 35312-2024)
