SC wants sealing resumed, developers to be blacklisted

Action is always against owner... However, it’s the builders, contractors and architects who violate laws MB LOKUR, Supreme Court judge

The Supreme Court on Wednesday directed the civic bodies to resume sealing and demolishing unauthorised shops and encroachments in the national Capital and gave the Centre two weeks to frame rules to crack down on builders, contractors and architects who violated municipal by-laws while constructing residential complexes. The directive to resume sealing was issued by the bench of justices MB Lokur and Deepak Gupta after attorney general KK Venugopal, appearing for the Union urban development ministry, denied that Land and Development Office (L&DO) of the ministry had instructed the municipal bodies in Delhi not to carry out the drive, as alleged by a court-monitored panel entrusted to oversee the sealing drive in the city.

“Based on the affidavit filed (by Urban development ministry) we direct that there will be no stoppage of sealing or demolition,” the order said. On being told that officers participating in the sealing drive face threats from mobs and residents the bench directed the police to provide adequate security to such teams. “Action should be taken when threats are given to the officers,” the order added. The court also instructed civic agencies to immediately stop construction of buildings where irregular or illegal activity is spotted. Venugopal welcomed the court’s order on pulling up errant builders and contractors.

“Action is always initiated against the owner of the building or flat. However, it’s the builders, contractors and architects who violate laws. By the word ‘action’, we mean you must blacklist them when it is found they have not followed the plan as passed by the corporation. You should keep a track of such builders and if they are found to have broken the law you must deny them permission to construct more buildings,” justice Lokur said. Getamber Anand, chairman of the Confederation of Real Estate Developers Associations of India (CREDAI), said that the court direction to blacklist builders was right. “Every project should be mandatorily registered and monitored and appropriate provisions should be made. The officers who are supposed to discipline constructions should be made accountable and answerable if illegal construction is found,” he said.

Venugopal told the bench that the Delhi Development Authority (DDA) had on July 9 launched a mobile application through which citizens can complain about illegal constructions and encroachments in the city. So far, 431 complaints have been received in the mobile application and action taken on 138 such complaints, he said. The sealing drive in Delhi’s prominent markets -- including Defence Colony, South Extension, Hauz Khas, Amar Colony, Lajpat Nagar and Rajouri Garden -- had triggered a wave of protests among traders across the city. Traders affected by the sealing drive said there was still no clarity on which areas were protected against the drive. “The Supreme Court order will disturb business activities in Delhi. There is great confusion not only among traders but even among government agencies about the status of various areas in Delhi. Some areas are protected under the Master Plan and several others are protected under the Special Territory Act,” said Praveen Khandelwal, secretary general of the Confederation of All India Traders.

The court also asked for Mukesh Suryan, chairman of municipal ward committee, Najafgarh, to appear before the court after it was told that the councillor had allegedly stopped municipal officers from carrying out their statutory duty. Senior advocate Ranjit Kumar, assisting the court in the case, handed over a letter written to him by the Forum of MCD engineers complaining that politicians interfere in their work. Justice Lokur mentioned media reports on how people in Mumbai had died due to potholes and asked the AG whether he saw the photographs of a bus submerged near Minto Road. “What is happening to the governance in this country. Are your officials sleeping?” he asked.

Rajinder Malik, president of the Defence Colony market association, where the first sealing drive was carried out in December last year, said traders were losing hope. “It has almost been seven months and the issue has intensified so much that we have all come to the roads in protest. We are still in the same place waiting for some relief,” Malik said.

The Hindustan Times, 19th July 2018, New Delhi

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