Institute of Legal and Management Studies

While dealing with allegations of illegal constructions taking place in Delhi's Chandni Chowk, the Supreme Court recently passed an order staying the conversion of residential houses into commercial complexes in the area.

"Construction of residential premises to commercial complexes shall remain stayed in the relevant areas...no further construction to convert the residential houses into commercial complexes shall be allowed at the site", ordered a bench of Justices Surya Kant and N Kotiswar Singh.

Insofar as some parties, opposing the stance of Delhi Municipal Corporation, claimed that illegal constructions were continuing even as on date, the Court granted liberty to the petitioners and intervenors (if any) to take videos/photographs of sites where the illegal actions are allegedly taking place and place the same on record.

The Court further cautioned the MCD that any non-compliance would not only be viewed as contempt of Court, but also warrant drawing of an adverse inference regarding collusion between the municipal authorities and the concerned builders.

"We caution the Municipal Authorities that if any of the acts noted hereinabove are allowed to continue on-site, it shall not only be construed as criminal contempt of this Court's proceedings, but will also constrain us to draw adverse inferences vis-à-vis their supposed collusion and connivance with the builders."

In continuation of its earlier order, the Court also called on the petitioners to furnish names of "eminent and above-board" Civil Engineers and Architects who could form part of a Joint Inspection Committee aimed at inspecting the site and submitting report to the Court.

The matter was adjourned to May 23, giving time to the MCD to bring its inspection report on record.

During the hearing, Senior Advocate Sanjeev Sagar (for MCD) submitted that all unauthorized constructions at a subject property were demolished and now there is nothing at the site. The petitioner (in-person) countered this by saying that even though MCD is on notice, rampant unauthorized constructions are going on in the subject area and the municipal authorities are not doing anything.

Coming down on the MCD, Justice Kant exclaimed, "Entire residential area has been converted into a commercial project...[mall] has been constructed, showrooms have been constructed...and you still say it is an old construction?"

Responding to submissions of an intervenor who pointed to construction of an entire showroom in the subject area, the judge added, "by 13 February 2025, the houses are being dismantled and constructions are being raised, and you people are sitting silent? Residential house has been converted and your blind eyes don't see!"

Ultimately, the matter was adjourned with directions to the MCD to place on record its inspection report and to enable the petitioners/intervenors to furnish up-to-date videos/photographs of alleged illegal constructions.

Background

Briefly put, the Court was dealing with a challenge to two orders of the Delhi High Court - one, whereby petition for removal of unauthorized construction at Bagh Deewar, Fatehpuri, Delhi (Chandni Chowk area) was disposed of on the statements of the respondents (including MCD) and a second, whereby property bearing No.13-16, Bagh Deewar, Fatehpuri, Chandni Chowk was excluded from the scope of PIL proceedings initiated by residents of Katra-Neel Chandni Chowk alleging unauthorized commercial construction at property No.15, Bagh Deewar (though it was a residential zone).

Notably, the first impugned order recorded a statement that unauthorized construction in question had been removed by the private-Respondent. The said statement was confirmed by counsel appearing for MCD. In view of the same, the High Court permitted the private-respondent to carry out repairs in the subject property, but directed MCD to maintain a strict vigil over it. Further, a Court Commissioner was directed to visit the property and file a fresh report. In case the said Report disclosed any breach of law, liberty was given for filing of an application.

In February this year, the Supreme Court expressed an inclination to direct a Central Bureau of Investigation enquiry into the alleged illegal constructions as well as the MCD's failure to deal with the same. Pulling up the MCD over its inaction, Justice Kant said, "We are inclined to [direct] CBI to investigate...in Chandni Chowk, builders construct like that and you shut your eyes!?"

The matter was ultimately adjourned by a week, while asking the Corporation to show cause as to why a deeper probe not be ordered. The Court also called on the petitioners to suggest names of some independent persons (architects, engineers, etc.) for constitution of a Committee that could go and inspect the site prior to the Court ordering CBI enquiry.

Appearance: Petitioner-in-person; Senior Advocate Sanjeev Sagar, AoRs Praveen Swarup and Ramchandra Madan, Advocates Pareena Swarup, Ravi Kumar, Saurabh Rohilla, Devesh Maurya, Pratap Singh, Himanshu Shembekar and Tushar Nigam (for respondents); AoR Bhushan Mahendra Oza and Advocate Amber Dwivedi (for intervenor)

Case Title: DR. S. JAITLEY AND ANR. Versus MUNICIPAL CORPORATION OF DELHI AND ORS., Diary No. 35312-2024

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