HC raps North MCD for not removing illegal construction despite its orders
New Delhi: Observing that the North Delhi Municipal Corporation (NrDMC) "seems to be handicapped from filing any photographs" as the pictures shared by the petitioner show that "most of the illegal construction around the at least 300-year-old Banyan Tree in Old Delhi is intact despite previous orders," the Delhi High Court on Friday directed Deputy Commissioner (DC) of the civic body to file an affidavit showing compliance with regard to removing concrete structures around the tree.
The order came on Friday when Justice Najmi Waziri was hearing a PIL filed by a resident Nitin Gupta, represented by Advocate RK Kapoor, where he alleged illegal construction around the grand-old tree, located at Nai Sadak in Chandni Chowk, in the form of large iron girders, supporting brick and mortar walls, etc., and seeks its restoration. Another resident Kushmakar Rastogi has also filed a similar petition seeking restoration of the Banyan tree.
The court also asked the Deputy Commissioner to inform the court on the departmental action, if any, that has been initiated against the officers to whom notices were issued about three months ago.
In response to an affidavit submitted by the civic body and the state government, Advocate Satya Prakash Kamrah, on behalf of Rastogi, submitted that their statements that, "the offending constructed portions have been removed are misleading," while showing the court photographs of the illegal construction abutting the tree.
"The SHO of the area concerned and the Corporation shall ensure that the petitioner and his counsel are allowed to inspect the site/courtyard and take photographs so that the same can be filed for the assistance of the court before the next date," the court said while posting the matter to February 1.
In an earlier order on November 20, Justice Waziri had noted that the state government's Tree Officer has not visited the site since the last order in September and no recent photographs of the tree have been filed by him. She stated that the photographs taken by the petitioner in October, "affirm the status that existed almost ten weeks ago." "The iron girders are still in position and the earth below has been dug up, thereby depriving the prop-roots of support in the earth."
"The tree continues to be as victimized as it was earlier," the court had said while directing a response to be filed regarding the same with the consent of Principal Secretary (Forests), GNCTD.
Also, in an August order, the court had noted that the photographs of the tree shared by the petitioner, "shows horrific and merciless mutilation and cutting of the majestic grand old tree. The living entity has been a mute and patient spectator to the unfolding of history in the city of Delhi for the past three centuries."
The court had also added that the builder, one of the respondents, "failed to appreciate this invaluable heritage in its courtyard."
