The Indian Express               08.10.2013

DDA, govt get 4 weeks to remove illegal religious structures in city

Expressing displeasure at the delay in removal of unauthorised
religious structures in the capital, the Delhi High Court on Monday
directed the Delhi government to remove encroachments from 27 identified
sites within four weeks.

“Land is the most valuable resource. How can the government take
no action to recover the encroached land?” a special bench of Justice
Muralidhar and Justice R S Endlaw said, after taking note of an
affidavit filed by the Chief Secretary, which detailed the steps taken
to remove unauthorised encroachments.

Pulling up the government and the Delhi Development Authority
(DDA) for “losing sight of the extent and value of the encroached land”,
the court said it would “not allow writing off of the encroachment”.

Calling the affidavit “cleverly worded”, the court said, “This
affidavit seems to be based on the “ability to utilise land” by the
agency… does that mean that if you can’t use these small parcels of
land then you might as well leave it? It seems that you are trying to
write off the encroachment and let unauthorised construction stand as it
is.”

The court has now directed the Chief Secretary and the
Vice-Chairman of DDA to take action and file a progress report within
four weeks, after brushing aside the government defence that officials
were busy with election duty.

“You don’t do your own work, is that why all your officials have
been asked to do election work? Elections are in December, you have had
time… to get the work done” the court said.

Officials from the police and Home departments, who were present
for the hearing, were later heard expressing their apprehension about
public reaction over the demolition.

“Earlier, we had ordered that an action plan be made. At that
time, the tenor was that we would get the unauthorised encroachment out.
Now, it seems that you are trying to not take action at all,” the court
said.

The court referred to the affidavit to point out that of the 27 sites
which were to be taken possession of and handed to the DDA, only 10 had
been formally taken over. There had also been no demolitions and
nothing had been done regarding the remaining 17 sites, the court said.

The court noted that the action plan proposed by the government
to remove encroachments had identified 34 structures in “sensitive”
areas. No steps had been taken to begin negotiations with residents of
areas.

Defending their position, the government’s lawyer said, “We are waiting for permission from the religious committee.”

However, the court said, “It is all the more important that
religious committee not delay the creation of an action plan to remove
the encroachments…”

The High Court has been monitoring the issue of encroachment on
government land since 2005 after taking suo motu cognisance of media
reports. The reports showed nearly 43,000 acres of government land lying
unused and being encroached on by the land mafia and unauthorised
persons.