New Delhi, August 17
In a significant development, the Delhi High Court has asked the Municipal Corporation of Delhi to start removing unauthorised constructions in ‘urbanised’ villages by the middle of next week and come out with an action plan for clearing all such encroachments by Tuesday.
Stating that this was the final opportunity for the authorities to wake up, a Division Bench comprising Justices A D Singh and Mukul Mudgal directed the civic body to start action in one area and report its progress by August 20 along with a time-schedule for similar action in other such areas of the city.
While seeking an explanation for the gross violations in such ‘urbanised’ villages, the court also called for the presence of the Delhi Development Authority (DDA) Vice-Chairman on the next date of hearing.
What were the authorities doing when such unauthorised constructions and encroachments were taking place all over Delhi? the Bench asked, and observed that probably the authorities would take notice of such activities, taking place behind their back, after they start affecting them.
Earlier, the MCD had informed the high court that large-scale unauthorised construction was on at the `urbanised’ villages.
In an affidavit, filed by Chief Town Planner MCD V K Bugga, the Corporation has said that of the 369 villages in the national Capital, 135 had been declared ‘urban’ and in these the ‘lal dora’ (periphery for construction activities) ceases to exist.
Besides haphazard development within the ‘urbanised’ villages, unauthorised construction was being undertaken on a large scale by the villagers in blatant violation of the building by-laws.
It was submitted that the people in ‘urban’ villages did not get building plans sanctioned before undertaking any construction and, as a result, there has been widespread unauthorised construction.
In the absence of wider roads and given the existing haphazard and dense built-up area within a village, these unauthorised constructions further strain the available civic amenities/public facilities, resulting in deteriorating living standards, the affidavit said.
The DDA, in its affidavit, filed through Director (DC) Surendra Srivastwa, has said all rural villages lie exclusively in the jurisdiction of the MCD and the DDA has no jurisdiction on development of these villages other than those rural villages which fell in its development area.
Most ‘urban’ villages were in the jurisdiction of the MCD, which was statutorily bound to undertake development of such settlements as per the master plan, the affidavit said.
Till 1985, development plans were prepared by the DDA; but since then all plans were being prepared by the MCD, it said.
It was further submitted that the Central government had formulated a scheme for the development of 96 ‘urban’ villages under its five-year plans.
The DDA was required to implement the scheme for development in respect of 72 villages whereas 24 villages were assigned to the MCD.
The development work started in 1979-80 and, on its completion in 1988, the schemes were handed over to the MCD, it added.
It was, however, mentioned that the DDA was undertaking developmental urban extension projects in Rohini, Dwarka and Narela. It has identified four villages — Humbar Hai, Kakrola, Lado Sarai and Tikri Kalan — for development as s ‘model villages’ in Delhi.
With the provision of requisite amenities and facilities, a conscious effort has been made to ensure integration of urban villages with the general development in the city. The court was dealing with a petition of public interest (PIL) filed by advocate P Chakravarty seeking to check illegal construction in urban villages of the city.
New Delhi, August 17