The High Court of Delhi has expressed displeasure over an “unhealthy pattern” of government authorities, state departments & corporations not filing replies & status reports on petitions in time & warned them of imposing costs if time schedule for pleadings is not adhered to.
The Delhi HC observed that usually all the governmental authorities, despite specific directions, are unable to file affidavits within the specified time schedule & choose to do so just 1 or 2 days before the date of hearing.
“The court is constrained to observe that there is an unhealthy
pattern of governmental authorities, state departments &
corporations not filing the counter affidavits & status reports as
per the timelines prescribed by the court…
Justice Prathiba M Singh said, “It is made clear that costs would be liable to be imposed if the time schedule for pleadings fixed by the court is not adhered to".
The Court was hearing a plea by the Wazirpur Bartan Nirmata Sangh stating that despite directions, innumerable encroachments have come up in the Wazirpur area all over again.
In Oct 2003, a division bench of the HC had taken cognizance of the encroachments existing in the Wazirpur area & had passed directions for removal of all illegal structures & encroachments on the road.
Justice Singh, in an order passed on Jan 30, said in the plea, neither the Municipal Corporation of Delhi (MCD) nor the Station House Officer (SHO) concerned has filed their affidavits.
The Court said both the affidavits were handed over to it during the hearing & were stated to be filed on Jan 26 & 28 respectively.
After perusing MCD’s affidavit & photographs, the court noted that some demolition action has been taken by the authorities & encroachments have been removed.
The MCD’s stand was that after the removal of encroachments, the Assistant Commissioner of Police (North West) has been issued a letter to ensure that no further encroachment or illegal construction takes place & a strict watch is kept.
The petitioner’s counsel said debris has not been removed from the area & even fresh construction has taken place & all the encroachments have also not been removed.
The HC said the Aug 2022 order was very clear that the MCD & local police are placed under collective duty & obligation to ensure that the public roads are made clear of encroachment & illegal structures.
It said that “It is usually seen that even if the demolition or encroachment removal takes place, the local police does not thereafter, ensure that no fresh encroachments are made. Moreover, the ‘malba’ (debris) in the area is left lying as it is which inconveniences the public. Whenever unauthorised construction & encroachments are removed, cleaning up of the said area is an obligation of the MCD, which they have to undertake without fail".
It further said the SHO of the area concerned would also be responsible to ensure that no further unauthorised construction is made out after encroachments are removed.
The court directed certain officers of MCD, police & representatives of the petitioner association to do a joint inspection of the area & file a status report.“This shall be the last & final opportunity to the Assistant Commissioner, Keshav Puram Zone, MCD, as also to the concerned SHO to ensure that there are no more encroachments in the area failing which the action would be liable to be taken against these officials personally,” it said & listed the matter for further hearing on April 10.
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