Explain unauthorised construction near BSZ graveyard: HC to SDMC

New Delhi: Delhi High Court has asked South Delhi Municipal Corporation (SDMC) to explain why unauthorised construction and encroachments were allowed to come up in and around a graveyard at Bahadur Shah Zafar Marg in central Delhi.
The high court took note of photographs placed on record showing the encroachment upon public paths and Delhi Waqf Board land.
Justice Najmi Waziri issued notices to the Delhi government, SDMC and the Delhi Waqf Board on a plea seeking contempt action against the authorities for allegedly not complying with the Delhi high court’s earlier order directing authorities to look into the grievances ventilated by petitioner Yuva Sangharsh Samiti and decide the representation as per the law.
The high court had, on July 16, said that if any encroachment was found at the graveyard by the authorities, the decision shall be taken after giving adequate hearing to owners or occupiers of the premises and it shall be removed as per the law. The petition sought removal or sealing of encroachment in the form of unauthorised construction over public land at the graveyard maintained by Delhi Waqf Board.
“Let the deputy commissioner of the south corporation file an affidavit explaining why the unauthorised construction and encroachment were allowed to come up in the first place and fix responsibility upon the officers, who may be found derelict in their duties. The affidavit shall also explain as to why the above-mentioned order (of division bench) has not been complied with,” the high court said.
With regard to the street or public access, the court said this ought to be cleaned up by the land owning agency and asked the municipal corporation to look into the issue of recent construction, which has been attempted at the spot.
The plea claimed that illegal construction has been done in the form of opening of various offices, eating points and shops on the way to the graveyard and outside the premises. It had alleged that the activities were in the knowledge of Delhi Waqf board and South Delhi Municipal Corporation and BSES, which had installed electricity connections there. The plea had alleged that graves were being sold at the graveyard at exorbitant amounts to the public and more space given to influential persons.