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In the Civil Aspirants Drowning Case, the court had issued a warning to the MCD, instructing them to tighten control over junior employees responsible for overseeing groundwork, as well as over senior officers who seldom left their offices to supervise and audit the operations. The court, on several occasions, has reprimanded the MCD for its failure to implement court orders properly.
The Delhi High Court, on Wednesday, issued a contempt notice to an officer of the Municipal Corporation of Delhi (MCD) over the illegal construction of a building despite the court passing 3 demolition orders for the same. The court expressed frustration over the workings of MCD, noting the failure of junior engineers to comply with directives from senior officials and suggesting that deeper problems may exist within the organization.
The bench of ACJ Manmohan and Justice Tushar Rao Gedela admonished MCD Commissioner Ashwani Kumar, who appeared virtually to highlight the inadequacy of the actions taken. The court remarked that the illegal building had been partially demolished in March 2022, October 2022, and again in 2023, but it had been rebuilt each time.
The builder, Ravindar Kumar Gupta, appeared in court and received a contempt notice. The court warned him of possible imprisonment for defying orders, noting this was the fourth demolition order against his property. The court also expressed concern over the sale of flats, accusing Gupta of endangering innocent buyers by creating third-party rights.
The court questioned the Zonal Deputy Commissioner (DC) present in person, asking how such reconstruction was possible under the DC’s supervision and why no effective action had been taken against non-compliant staff.
In response, the DC informed the court that show-cause notices had been issued to two Executive Engineers, as well as the concerned Assistant Engineers (AEs) and Junior Engineers (JEs). However, the court decided to issue contempt notices to both the current DC and his predecessor, who held office until February 2024, criticizing the lack of accountability within the MCD despite the ongoing illegal activities.
The MCD Commissioner also reported to the court that there was no official directive permitting the partial demolition of illegal structures and that measures were being taken to prevent superficial demolitions. The court, however, called for changes to the Standard Operating Procedure and the issuance of new directives and orders to address the issue.
Accordingly, the court directed the condemnors to submit their responses within two weeks, and the matter was scheduled for further hearing on September 25th.
Case Title: Environmentors Perpetuity Solutions And Services Private v DDA
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