Arrest those involved in illegal construction: SC comes down heavily on unauthorised constructions in Delhi

New Delhi: The Supreme Court on Friday came down heavily on the unauthorised constructions in Chandni Chowk in the national capital, saying "if anybody is found putting even a brick, he must be arrested then and there".

A bench of Justices Surya Kant and Joymalya Bagchi noted that despite a court-ordered ban the unauthorised construction is going on in collusion with the officials of the municipal corporation.

The bench made it clear that no residential property would be converted to commercial property. The top court also cautioned that it would seriously view any collusion of builder and municipal corporation officials.

The bench told the Commissioner of Delhi Police that patrolling parties should be deployed in the area and it is necessary to stop the unauthorised constructions.

"The Commissioner of Police shall continue to deploy a police team for patrolling in the area and ensure that all the demolition orders passed by the MCD, over which courts have not granted any stay, are meticulously complied with and where the illegal/unauthorised constructions are going on, such properties are sealed forthwith," the bench said.

The bench said, "If anybody is found putting even a brick, he must be arrested then and there. This is a complete fraud going on in collusion with these municipal corporation officials. This must be stopped".

The bench sought a compliance report from the local Deputy Commissioner of Police (DCP) and directed that it should be filed on the next hearing. The bench was hearing a plea of a petitioner-in-person who claimed illegal construction was ongoing in the area allegedly in collusion with the civic authorities.

The bench noted that the elderly woman resides on the ground floor of a residential property, but the second floor was illegally converted into commercial space by the builder. The bench also examined some photographs of the area.

"From 2022, this builder starts construction on the property. This old woman residing on the ground floor ran from pillar to post to stop the construction. You don't do anything," the bench told the counsel representing the Municipal Corporation of Delhi (MCD).

The bench asked the authorities to furnish details of the builder and said suitable penal action would be taken against him. "Arrest those who are involved in illegal construction. We will see who will grant bail to those persons, if they don't mend their ways," the bench said.

The apex court on May 23, had directed the Commissioner of Delhi Police to deploy a team in areas of Chandni Chowk to act against persons carrying out illegal construction despite its ban.