“People of Delhi are not cattle… Everybody has some respect in the society,” the SC bench said, adding that there was a “continuous default” on the part of authorities since 2006 in this matter.
The Centre, Delhi government and civic authorities continued to be at the receiving end of the Supreme Court’s fury on the issue of unauthorised constructions in the capital, Wednesday.
“People of Delhi are suffering. Children are suffering. Our lungs are already damaged. Lungs of our children will also be damaged. Why? Because the Union of India, Delhi government, Delhi Development Authority, municipal corporations of Delhi say you can do whatever you want but we will not do anything,” a bench of Justice Madan B Lokur and Justice Deepak Gupta said.
The court is hearing petitions challenging ‘The Delhi Laws (Special Provisions) Act, 2006’, which seeks to save unauthorised constructions in the capital from penal action.
The bench said that the issue of unauthorised constructions and illegal colonies in Delhi was “a 30-year-old problem.” It asked, “What have you done in these 30 years? The Municipal Corporation of Delhi was granting licences left, right and centre without having any concern for anybody. You have a 30-year explanation to give to the people of Delhi.”
“People of Delhi are not cattle… Everybody has some respect in the society,” the bench said, adding that there was a “continuous default” on the part of authorities since 2006 in this matter.
Appearing for the Centre, Additional Solicitor General A S N Nadkarni admitted that authorities in the capital had failed to implement the law on constructions. He said the government would come up with a plan to sort out the crisis and requested the apex court to monitor its implementation, saying, “Supreme Court is the only solution. You can make all the authorities come on board and work together.”
But the Bench replied: “We are not policemen. Why should we do it? Does the Supreme Court have nothing more to do?”
The ASG pointed out that the apex court had monitored many issues in the past, but the bench shot back, “You are doing nothing, that is why we have to monitor several things”.
The bench added: “When the Supreme Court says something, it is said there is judicial activism and judicial overreach. This is happening. The Government of India can shut its eyes but we cannot. We have constitutional obligations.”
The bench clarified that it was not going to touch small traders selling essential commodities in residential areas, but rather restaurants which are operating without any fire safety norms in residential areas, and showrooms such as those selling cars and clothes. The court will hear the matter again on April 9.