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Synopsis

The Delhi High Court, recently, directed the Lieutenant Governor to extend a survey that would clearly demarcate the jurisdiction of the state among all statutory authorities so that “the ground level reality is not a mystery and is known to all”. 

The court made these observations in a petition filed by Jamia Arabia Nizamia Welfare Education Society against appropriate authorities who had allowed the encroachers to carry out unauthorized/illegal construction at Ziyrat Guest House in Hazrat Nizamuddin Dargah. They also sought direction to demolish the said illegal and unauthorized construction. 

On 20 February 2024, the court issued a comprehensive order transferring the case investigation from the Delhi Police to the CBI. The CBI was impleaded as a respondent and directed to submit a Status Report. The Court also observed that allegations regarding the Waqf Board’s facilitation of property transactions, changes in the nature of the property, and unauthorized construction—despite being strongly denied—required examination. 

Additionally, the MCD Commissioner and the DDA Vice-Chairman were instructed to conduct inquiries and fix accountability for widespread illegal construction in Nizamuddin West. They were further directed to implement structural reforms and devise new strategies to address encroachment and unauthorized construction. The Minutes of the Meeting outlining these measures were to be submitted within eight weeks. 

In compliance with these directions, on 7th May 2024, the MCD and DDA filed their respective Status Reports, which included Minutes of a Meeting held on 18th April 2024 between their senior officials. The submissions were noted in the order dated 7th May 2024. Various official orders and circulars related to the demolition and sealing of unauthorized constructions, including a circular dated 29th January 2024 and subsequent amendments, were also submitted.

Pursuant to earlier directions, the CBI filed a fresh Status Report in a sealed cover, while the DDA submitted an affidavit dated 11th November 2024 from the Commissioner (LM) with supporting documents. These submissions were reviewed by the Court, which also heard arguments from counsel for the parties. Considering the institutional mechanisms established under a Memorandum of Understanding (MoU) dated 29th August 2024 between the SoI, DDA, and MCD, the Court found no further orders necessary on that aspect. 

However, DDA and MCD were directed to precisely demarcate their respective boundaries using latitude and longitude coordinates. The Lieutenant Governor of Delhi was advised to consider extending the survey to the entire city to clarify jurisdictional boundaries.

Regarding administrative lapses by MCD officials, the Court, based on the CBI’s Status Report, directed the MCD Commissioner to determine the administrative liabilities of all involved officials and take stringent action following the law within twelve weeks. Since the Ziyarat Guest House had already been demolished, the court deemed that no further adjudication was required. 

For Petitioner: Advocates Rakesh Lakra, Bhavya Sharma, Kanika Sharma and Shivani Kher
For DDA: Senior Advocate Sanjay Poddar, Standing Counsel Shobhana Takiar with Advocates Prateek Dhir, Shivani Takiar, Kuljeet Singh, Govind Kumar, Chand Chopra and Neha Bhupathiraju
For Waqf Board: Additional Standing Counsel Farhat Jahan Rehmani with Advocate Monis Raridi
For CBI:  Special Public Prosecutor Ripudaman Bhardwaj with Advocates Kushagra Kumar, Abhinav Bhardwaj and Ravinder Kumar Bharti
For MCD: Advocates Ajjay Aroraa and Kapil Dutta
Case Title: Jamia Arabia Nizamia Welfare Education Society v Delhi Development Authority (2024:DHC:8882-DB)