The Delhi Lokayukta on Thursday disposed of the inquiry petition of unauthorised construction against South Delhi Municipal Corporation deputy mayor Bir Singh and his brother Brahm Singh after they gave an undertakting to voluntarily demolish the construction if their regularisation application is disallowed within three months.
As per Lokayukta Justice Manmohan Sarin, it is reasonable to accept the undertaking in the current situation where the construction has the chance of being regularised by the municipality.
“With a view to avoid unnecessary wastage of time and attrition when the construction is regularisable and application has been submitted, and further, with the undetaking of Braham Singh, endorsed by Bir Singh, Respondent Public Functionary, that in case of regularisation application not being allowed within three months, he would voluntarily demolish and remove the construction. It appears reasonable to accept the undetaking given by the duo,” said Justice Sarin.
The concerned municipality will ensure that in case the regularisation application is rejected and illegal construction not demolished within the stipulated time frame by the brothers, to remove it, he added.
Bir and Braham live in their A-67, Sarita Vihar flat and inquiry notice were issued after Justice Sarin took cognisance of a pseudonymous complaint filed before him.
Initially following the notice, Bir had deposed before the Lokayukta last month and said the property belongs to his brother and that he had no objection for action against encroachment.
Simultaneously, a notice was issued to the deputy commissioner of the south municipal body for submitting a status and compliance report on encroachment and unauthorised construction.
The SDMC then acted quickly and demolished the wall and partly felled the porch, which was on public land.
However, Justice Sarin was not satisfied by the cosmetic demolition done by the municipality. Pulling up the SDMC, Lokayukta had reacted that municipality had not demolished the porch fully but had given a “touch of demolition”.
He reminded the municipality of its duty to act with alacrity in cases of contravention and violation by those occupying positions of power, lest ordinary citizens get an impression that people in power can escape the rigours of law and lose their faith in the rule of law.
However, Thursday’s order has come as a relief for Bir and his brother and the duo will have three months to get the regularisation certificate from the municipality.
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