Delhi High Court orders CBI probe into 'illegal' structure near Nizamuddin Baoli

Delhi High Court orders CBI probe into ‘illegal’ structure near Nizamuddin Baoli

The Delhi High Court directed the Central Bureau of Investigation (CBI) to launch an investigation into “illegal” constructions near the Nizamuddin Baoli and Barakhamba Tomb in the capital.

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora highlighted the failure of the Delhi Police to effectively address the issue, prompting the decision to transfer the case to the CBI for a thorough investigation.

The bench described the illegal structures as “monstrosities” akin to five-storey buildings that have sprung up despite the presence of numerous authorities and an “elaborate system of checks and balances”.

During the proceedings, the bench also highlighted the urgent need for structural reforms within the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA) to tackle the issue of unauthorised construction in the national capital.

It directed the MCD commissioner and the vice-chairman of the DDA to initiate the reforms promptly and emphasised the importance of using modern technology like drones, to combat encroachments effectively.

“The executive seems to be satisfied with the status quo and is unwilling to reform the system,” remarked the bench, and criticised the archaic methods employed by the MCD.

The court was hearing a Public Interest Litigation (PIL) filed by the Jamia Arabia Nizamia Welfare Education Society, seeking action against officials from the Archaeological Survey of India (ASI) and the DDA for failing to stop the illegal construction taking place close to ASI-protected monuments.

The MCD said attributed the responsibility for regulating and enforcing building bylaws to the DDA, while the DDA insisted that it was the MCD’s duty to address illegal encroachments. Amidst the confusion, the Delhi Waqf Board also asserted its ownership of the land in question.

The bench questioned the evolution of the property from a graveyard to a multi-storey structure and said that it needed clarity and accountability in land usage and development.

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