Delhi High Court Warns Govt Authorities: ‘Unhealthy Pattern Of Not Filing Responses In Time, Will Impose Cost If Time Schedule NotAdhered To


The Delhi High Court in the case Wazirpur Bartan Nirmata Sangh (through its secretary) & Ors v. Union Of India & Ors observed while taking of an exception to the “unhealthy pattern” of not filing status reports and affidavits in time, the said court has cautioned the government authorities, the state departments and the corporations that the said costs would be imposed if the time being schedule for pleadings fixed is not being adhered to. The bench headed by Justice Prathiba M Singh observed that usually all the governmental authorities despite of the specific directions as they are unable to file the affidavits within the specified time schedule and it has been chosen by them to do so only within the same just one day or two days before the date of hearing. It has been stated by Justice Singh that the court is constrained to observe that there is an unhealthy pattern of governmental authorities, the state departments and the corporations for not filing the Counter Affidavits and the Status Reports as per the timelines as prescribed by the said Court. In the present case, the court was hearing a petition moved by one Wazirpur Bartan Nirmata Sangh. Further, the Municipal Corporation of Delhi (MCD) on 17.08.2022, wherein it has been directed by the court to take further steps to ensure removal of encroachments. It has also been directed by the court to the MCD for filing a further affidavit specifically wherein it is disclosed that whether all encroachments were removed from the road in question and if further steps are being remained to be taken. Thus, the local SHO was also been asked for filing an affidavit in the matter. The court noted that neither the MCD nor the concerned SHO filed any affidavit in the matter in time, the bench of Justice Singh stated that the responses by both the authorities were being handed over in court on the date of hearing. Therefore, the court also noted that the said responses are stated to have been filed itself on January 26 and 28. It has been stated by the MCD in response that after the removal of encroachments, the Assistant Commissioner of Police (North West) was issued a letter for ensuring that no further encroachment or illegal construction takes place. The court observed that it has clearly been directed by the MCD and local police last year order wherein ensuring that public roads are made clear of encroachment and illegal structures. The bench of Justice Singh stated that whenever an unauthorised construction and encroachments are removed, the cleaning up of the area in question being an obligation of the MCD “which are to be undertaken by them without fail. Adding to it, it has been stated that the SHO of the area would also be responsible for ensuring that no further unauthorised construction is being made out after encroachments are removed. Further, it has been directed by the court that the Assistant Commissioner, Keshav Puram Zone, MCD along with three to four representatives of the petitioner association and a joint inspection of the area has to be conducted by the concerned SHO. It has also been directed by the court that all the encroachments and the illegal constructions be removed and a comprehensive status report is to be placed “at least one week before the next date of hearing and failing to which the concerned Divisional Commissioner and SHO shall remain present. Accordingly, the court listed the matter to be next heard on April 10..