The Supreme Court has expressed serious concerns over unauthorized commercial constructions in Chandni Chowk, Delhi, and criticized the inaction of the Municipal Corporation of Delhi (MCD). The Court has hinted at directing a Central Bureau of Investigation (CBI) probe into the matter, questioning whether the MCD is being influenced by builders.
Justice Surya Kant, while addressing the MCD's role, remarked:
"We are inclined to [direct] CBI to investigate... in Chandni Chowk, builders construct like that and you shut your eyes!?"
The remarks came after the MCD’s counsel claimed that unauthorized structures were removed following a Delhi High Court order. The Court Commissioner's report was also cited as evidence. However, Justice Kant sharply questioned whether the Corporation is being controlled by private builders.
The Court criticized the MCD's response, stating that actions such as sealing and demolition should not be initiated only after a public interest litigation (PIL) is filed. Justice Kant commented:
"Someone comes in PIL, then suddenly you wake up [and] start doing all this lame exercise. The High Court unfortunately does not even allow petitioners to say something and suddenly closed on your statement. We will direct CBI to investigate everything."
MCD’s counsel defended its actions, arguing that the High Court’s decision was not based solely on MCD’s statements. Instead, they presented photographic evidence to show the latest developments. Despite this, the Supreme Court decided to revisit the matter after a week, demanding a justification from the Corporation as to why a deeper probe should not be conducted.
Justice Kant further dictated:
"This matter requires not only the inspection of the site by an expert team, including the measurements, the affairs of the Municipal Corporation would also have to be gone into in the matter of permitting illegal and unauthorized commercial constructions apparently for extraneous considerations. There shall be a show cause as to why a deeper probe [not] be ordered..."
In addition to questioning MCD, the bench, comprising Justices Surya Kant and N Kotiswar Singh, directed the petitioners to ensure that all respondents who had not been served notices were included in the proceedings. The Court emphasized that no order could be passed without hearing all parties.
The Court also asked the petitioners to suggest independent experts—such as architects and engineers—to form a Committee that would inspect the site before any CBI probe is officially ordered.
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Background of the Case
The Supreme Court was hearing a challenge to two Delhi High Court orders related to unauthorized construction in the Bagh Deewar, Fatehpuri area of Chandni Chowk.
- The first order disposed of a petition that sought the removal of illegal construction based on statements from respondents, including the MCD.
- The second order excluded property No.13-16, Bagh Deewar, Fatehpuri, from the scope of PIL proceedings that were originally initiated by local residents of Katra-Neel, Chandni Chowk, against unauthorized commercial construction at property No.15, Bagh Deewar.
The High Court’s first order stated that unauthorized structures had already been removed by private respondents, a claim confirmed by the MCD’s counsel. Consequently, the High Court allowed the private respondent to carry out repairs on the property while directing the MCD to keep a close watch. A Court Commissioner was also assigned to inspect the property and submit a fresh report. If any violations were found, the petitioners were given the liberty to file a fresh application.
Case Title: Dr. S. Jaitley & Anr. vs. Municipal Corporation of Delhi & Ors., Diary No. 35312-2024
