After air, it is Delhi's unauthorised construction that the Supreme Court wishes to clean up in an attempt to bring ‘some sanity to urban living’ in the country’s Capital.
Upset over the manner in which residents colluded with officials to continue with unauthorised use of residential premises for commercial purpose, after the Court abandoned its monitoring of the matter in 2012, an anguished Bench of Justices Madan B Lokur and Deepak Gupta said, “Invaders have pillaged Delhi for hundreds of years, but for the last couple of decades it is being ravaged by its own citizens and officials governing the capital city — we refer to unauthorised constructions and misuse of residential premises for industrial and other commercial purposes.”
Taking control of the matters pending before the Delhi High Court, the apex bench noted that the petitions were transferred there with the purpose of expeditious hearing within a year. However, for four years the matter remained unheard. The bench directed the Registry of Supreme Court to transfer all cases from Delhi HC to this Court.
Reviving the Monitoring Committee set up by the apex court in 2006, the bench allowed the Committee to identify and seal those premises which operated commercial units in residential premises. Noting the story of misuse of residential units still continues after perusing reports filed by the Committee, the bench said, “Tragically, the situation continues even today and those who are suffering are the citizens of Delhi, the sufferance being not only confined to breathing hazardous and noxious air but also the health of thousands of people including children and infants residing in Delhi.”
The directions came while disposing an application filed by a private company to release one of its properties used for commercial use, sealed by the monitoring committee in 2007. The bench made it clear that the Committee will deal only with premises used for commercial purpose and not industrial purpose. Such units can directly approach the Committee for relief after depositing an amount of Rs 1 lakh with it.