Delhi HC rejects PIL for demolishing alleged illegal construction

18 Jun 2024 CW Team

The Delhi High Court dismissed a PIL seeking direction to demolish alleged illegal and unauthorised construction in the Okhla Industrial area, stating that the plea had been filed without adequate preparation. The court's decision came after the counsel for the concerned authority informed it that necessary permission had been granted to the owner of the properties involved to proceed with the construction.

The bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora explained in a recent order that due to the petition being filed without sufficient investigation, the court was dismissing the public interest petition along with an application, and imposed costs of Rs 25,000 to be shared equally by the respondents, namely MCD and DDA, payable within four weeks.

The high court had been addressing a petition that requested directions to the Municipal Corporation of Delhi (MCD), Delhi Development Authority (DDA), and Delhi State Industrial and Infrastructure Development Corporation (DSIIDC) to demolish construction allegedly carried out illegally and without authorization by the owner of two properties in the Okhla Industrial area.

The petitioner, a woman, had argued that the land belonged to DSIIDC and stated that she had approached the authorities with a representation, urging them to take legal action against the owner. However, no action had been taken.

The counsel for the MCD presented to the court a letter from DSIIDC that granted permission to the owner for the construction work necessary to strengthen the structure. Additionally, the counsel provided a building plan and a certificate issued by the MCD regarding one of the properties.

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