HC slams trail court ruling favouring MCD's 'cosmetic action'

"What is happening today is that only a cosmetic action is taken by MCD and other bodies and a limited portion of the premises is demolished and a report is given that action has been taken. This results into a grave injustice to the whistle blowers who approach the court," Justice Shiv Narayan Dhingra said in a recent order.

Setting aside the May 2008 order by a civil court, Justice Dhingra slammed the judge and said, "It is made clear that the Civil Judge was not powerless in giving direction to MCD to carry out demolition against unauthorised construction as per the law.

"He should have utilised his powers even of visiting the spot personally and seen if action has been taken by the agency... The court must ensure to its satisfaction that action taken by MCD or other bodies was in accordance with law," the court added.On May 27, 2008, the Civil Judge while rejecting the objections raised by one Daljeet Kaur said, "The Corporation is an independent body and to my mind, court should not interfere in the functioning of MCD."

Criticising the civil court's observations, Justice Dhingra said, "To my view, this would amount to abdicating of its functions by the court itself. In fact the court is the only forum which has to act and pass orders to ensure that the corporation and statutory bodies do act in accordance with law and remain within the four walls of law..."

Kaur had alleged that the Action Taken Report (ATR) of the MCD was false as it had not carried out demolition on premises following a court's direction but only partial demolition was carried with a view that it may be easily restored.