The Delhi High Court on Thursday directed the South Delhi Municipal Corporation (SDMC) and the Delhi State Industrial and Infrastructure Development Corporation Limited (DSIIDC) to nominate a senior official each as the nodal officer for the purpose of chalking out a plan to remove unauthorized constructions and encroachments on public land falling within the Okhla Industrial Area in Delhi.
The Division Bench headed by Acting Chief Justice Vipin Sanghi was dealing with a suo motu cognisance taken by a coordinate Bench concerning illegal constructions and encroachments on public land in Okhla Industrial Area, which have not been removed despite orders passed by the Court in that regard.
During the course of hearing, the counsel representing SDMC submitted that the concerned area was transferred from the SDMC to the DSIIDC after enactment of Delhi Industrial Development Operational & Maintenance Act, 2010 (DIDOM Act).
On the other hand, Advocate Rakesh Mittal, appearing for DSIIDC, argued that the concerned area falls under SDMC jurisdiction.
The Bench noted:
“This is an unfortunate situation where two authorities appear to be washing their hands of the encroachments which have taken place on public lands and streets.”
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Accordingly, the Bench directed the two authorities to nominate a senior official each to be appointed as nodal officer within two days. Further, the nodal officers so nominated are directed to hold a joint meeting within a week thereafter to chalk out a programme for removal of the unauthorized encroachments in the concerned area and to place the Minutes of Meeting on record.
The two authorities have been asked to file their respective Status Reports in the matter along with photographs of the area to show the action taken for removal of encroachment. “They shall also file the layout plan of the area showing the areas which fall in their respective jurisdictions and the location of the encroachments,” added the Bench.
Lastly, the DCP South is directed to extend support by ensuring that requisite force is provided to remove the said encroachment.
The matter will be next be heard on May 5, 2022.
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At the outset, in February this year, the Bench headed by Justice Manmohan had sought response from the SDMC, the DSIIDC, the Delhi Police Commissioner and the Delhi Government upon the issue of unauthorized encroachment in Okhla Industrial Area.
The suo motu cognizance was taken upon a recommendation made by the PIL Committee of the Court, to treat a letter received from one S.B. Tehkandia on July 7, 2017, as a Public Interest Litigation. In the said letter, a complaint was raised with regard to illegal constructions and encroachments in the said area which was causing a lot of inconvenience to the local citizens.
The PIL Committee in October 2017 had called for a Status Report from the SDMC, whereby it was informed that the concerned area was transferred to DSIIDC.
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The stand of the DSIIDC was that as per the Minutes of Meeting dated August 22, 2014, held under the chairmanship of the Lieutenant Governor, the respective Delhi Municipal Corporations were to take necessary steps for removal of encroachments from common areas in joint operations with DSIIDC and Delhi Police. In that regard, DSIIDC submitted that it had requested the SDMC on multiple occasions for taking necessary action to combat unauthorized encroachment in the said industrial area.