Provide force to demolish illegal structure on DDA land: HC to Delhi Police
The Delhi High Court on Monday asked the city police to provide adequate force to DDA when it seeks the same for demolishing illegal structure built on its land at I P Extension here.
New Delhi: The Delhi High Court on Monday asked the city police to provide adequate force to DDA when it seeks the same for demolishing illegal structure built on its land at I P Extension here.
Justice V K Shali noted that as Delhi Development Authority (DDA) intends to demolish the illegal construction, the police shall provide adequate force once the land-owning body requests for the same three days in advance.
The court passed the order after it was informed by DDA today that despite its order to maintain status quo, further unauthorized construction was carried out on the authority's land at I P Extension.
The authority also alleged the people who built the unauthorised structure, a small room which has been dubbed as a temple, have also "mischievously" planted trees in the area.
Delhi Police, represented by advocate Zubeda Begum, on the other hand, claimed that earlier when it had provided adequate force on DDA's request, the authority had written to it on October 30 that they have decided to defer the demolition.
Begum also said an FIR has been lodged on December 1.
DDA counsel Rajeev Bansal contended the authenticity of the October 30 letter has to be verified. He also claimed DDA was not informed whether FIR was lodged as a copy of the same has not been provided to it.
Bansal said DDA intends to demolish the structure on its land soon as "state largesse cannot be frittered away".
After hearing both sides, the court asked the Delhi Police to file its counter affidavits and listed the matter for further hearing on January 30, 2015.
The status quo order shall also continue, it said.
The court was hearing DDA's plea alleging police "facilitated and supported" illegal construction on the authority's land at I P extension here by neither lodging an FIR nor giving adequate force to help demolish it.
DDA has alleged Delhi Police did not provide sufficient force despite several letters from the land-owning body.
It has also alleged the residents of nearby Kirpal Cooperative Group Housing Society had grabbed its land measuring 2500 sq m which was earmarked for 'other community facilities'.
It has contended the encroachment/land-grabbing has been "facilitated, supported and encouraged by the respondent (Delhi Police)".
The court had on December 1, while issuing a notice to Delhi Police, also ordered "status quo be maintained" with respect to the construction on the land in question.
DDA in its plea has said the alleged illegal construction came up overnight on October 23-24 and police, instead of acting upon the authority's letters for lodging an FIR and providing assistance for carrying out demolition, was behaving as a "mute spectator".
According to DDA it had written letters to the Madhu Vihar Police Station, under whose jurisdiction the area falls, and thereafter also wrote to the Deputy Commissioner of Police (East), bringing the situation to their attention.
DDA has also contended that the police force which was provided did not assist the authority in discharging its duty and "merely stood at the periphery of the plot as mute spectators without offering any real and positive assistance".
The authority alleged the illegal temple is a small room measuring 20x25 feet in which the residents of the society have put up pictures of deities.