Delhi HC Warns Against Unauthorized Construction Near Protected Monuments

The Delhi High Court expressed dismay on Thursday over the failure of multiple authorities to curb unauthorized construction, warning that this could lead to “complete lawlessness” in the city and result in the collapse of the entire system.

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet P S Arora remarked that the failure of authorities to halt unauthorized construction near centrally-protected monuments such as Nizamuddin ki Baoli and Barakhamba Tomb has “shocked” the court.

The bench, which hinted at ordering a CBI probe into the matter, emphasized that no institution or authority should be allowed to perpetuate illegality. “If we transfer the investigation to the CBI, the role of the Delhi Police will also be scrutinized. Accountability needs to be established. It is a failure on the part of multiple agencies. All these agencies working at the ground level have let us down. This is alarming,” the bench stated.

It further asserted that allowing such activities could lead to complete lawlessness in the city, which would be detrimental to society.

The division bench was hearing a public interest litigation (PIL) filed by NGO Jamia Arabia Nizamia Welfare Education Society, alleging “illegal and unauthorized construction” at “Khasra number 556, Ziyrat guesthouse, near Baoli gate, Hazrat Nizamuddin Dargah, near police booth.”

The court observed that neither the Municipal Corporation of Delhi (MCD) nor the Delhi Development Authority (DDA) had taken action against the unauthorized construction, which was reported to have occurred on the three upper floors of an already-sealed guesthouse built illegally on DDA land near the monuments.

Currently, the owner of the property has filed an application in the main petition, seeking permission to submit certain documents to demonstrate how the property was acquired.

The bench questioned how construction could take place on the three floors when the property was already sealed, indicating the necessity for a CBI investigation.

The court emphasized that it did not intend to unnecessarily harass anyone.

The matter was scheduled for further consideration on February 13, 2024.

The court had previously likened encroachment on public land to dacoity and instructed the MCD to employ technology such as drones and satellite images for surveillance.

Expressing displeasure over the unauthorized construction, the court criticized officials for their “serious dereliction of duty” despite notifications from the police and the Archaeological Survey of India (ASI).

On February 1, the court emphasized the need for civic authorities to collaborate against illegal construction and reprimanded the MCD and DDA for their inaction against unauthorized construction.

The petitioner, represented by advocate Rakesh Lakra, argued that the DDA, MCD, Delhi Police, and ASI had failed to prevent construction at the guesthouse, located within 100 meters of Nizamuddin ki Baoli and Barakhamba Tomb.

The petitioner stated that following the court’s directives, the property was sealed. However, there has been a “brazen resurgence of unauthorized construction activities on the subject property.”

The petitioner’s counsel argued that a significant number of illegal and unauthorized guesthouses have been allowed to operate in the area by authorities, posing threats to the environment, heritage, and cultural significance of the area.

The plea seeks a directive to the authorities to fulfill their constitutional obligations and duties and halt the alleged illegal and unauthorized construction at the guesthouse.