How will civilised society survive with illegal structures, asks Delhi HC

The high court said the authorities must take a clear and firm stand in such matters and come down with an iron hand to send a stern message to encroachers

How will a civilised society survive if an illegal structure comes in the middle of a road, the Delhi High Court Tuesday remarked while pulling up the authorities for being a “mute bystander” to such unauthorised constructions.

The high court said the authorities must take a clear and firm stand in such matters and come down with an iron hand to send a stern message to the encroachers that such encroachments will not be tolerated and penal action will be taken against those behind raising such illegal structures.

A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said the photos placed on record by the petitioner, who has filed a plea against the erection of two Mazars (religious structures), one on Swami Dayanand Marg road opposite Hasanpur DTC Depot and another on Wazirabad Road in Bhajanpura claiming that they were illegal, reveal “shocking state of affairs”.

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“We are at loss to understand how the state can be a mute bystander and allow such illegalities to occur. In our view, the state should take a clear, definite, and firm stand in such matters and come down with an iron hand to send a clear message to all encroachers that such encroachments will not be tolerated and will be removed as soon as they are sought to be placed and penal action be taken against those behind the raising of such illegal structures,” the bench said.

The court asked the counsel for the Delhi government to file a status report on the matter and also file relevant documents on record after the advocate submitted that the issue of demolishing illegal structures is pending consideration before the Supreme Court.

The court, which also asked the Delhi Metro Rail Corporation to file its response to the plea, listed the matter for further hearing on November 16.

After perusing the photographs of the site, the bench told the Delhi government counsel, “look at the photographs, how this be allowed? This is not done. How will a civilised society survive if a structure comes in the middle of a road. You must cut down with an iron hand”.

The court was hearing a petition filed by advocate S D Windlesh who submitted that the encroachments were obstructing traffic and causing hardships to the citizens and should be removed immediately as per the Supreme Court directions.