The letter by MCD Additional Commissioner (Engineering) Naresh Kumar expresses his disagreement with carrying out demolitions of “illegal” fourth and fifth floors of 18,299 properties — booked between 2001 and 2005 — without undertaking a fresh survey. The Delhi High Court summoned the official in person on December 18.
“Action for removal of unauthorised constructions cannot be initiated without following man-datory provisions of law. Before initiating action, it would be in the fitness of things that a comprehensive survey is carried out to ascertain the actual quantum of unauthorised construction as on date,” Kumar said in the letter.
The December 5 letter acts in direct contravention of a November 16 order issued by a Division Bench led by Justice A K Sikri, declaring the fourth and fifth floors as “not protected by the Delhi Laws (Special Provisions) Act of 2006”. In a meeting on November 29, the monitoring panel had pushed for the first-phase action needed for the demolitions.
Requesting for a “humanitarian approach” in the matter, the MCD official addressed the monitoring panel on the possibility of families becoming “homeless” if the demolitions were carried out immediately. The official suggested the alternative plan of undertaking a “comprehensive survey” to give enough time to the occupants to shift out.
“At this juncture when winter has already set in and Board examinations are round the corner, action may be initiated on completion of survey, to minimise hardship and misery (of the occupants),” the letter suggested.
In its reply, the monitoring panel submitted the one-year moratorium extended to all illegal constructions under the 2006 Act had expired on May 18, ’07.