The Supreme Court has recently directed the Vice-Chairman of the Delhi Development Authority (DDA) to file a personal affidavit explaining the failure to comply with court orders regarding the demolition of illegal structures on public land in Okhla, Delhi.
A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan has mandated that the Vice-Chairman submit the affidavit within three weeks, with the next hearing scheduled for April 17, 2025. The Court emphasized:
"We direct the Vice-Chairman of DDA to file his personal affidavit explaining his default and reasons for non-compliance with the orders passed by this Court from time to time. The affidavit of DDA shall be filed within a period of three weeks from today."
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Background of the Case
The case originates from a contempt petition alleging a violation of a 2018 order in the long-standing MC Mehta v. Union of India matter. The Supreme Court had issued strict directives to curb rampant unauthorized construction and encroachment in unauthorized colonies and on public land.
In its 2018 order, the Court had observed that illegal constructions were proliferating due to the non-application of building by-laws and other regulatory measures in unauthorized colonies. It had stated:
"Unauthorized colonies are being treated more favorably than authorized ones, which is an unacceptable situation."
To address this issue, the Court ordered an immediate cessation of all construction activities in unauthorized colonies and on public land. Additionally, a Task Force was established to ensure adherence to these directives.
The present contempt petition focuses on unauthorized occupation at Khasra No. 279, Okhla Village. The Supreme Court had previously, on February 10, 2025, noted that demarcation of the area had been completed. Consequently, it directed the DDA to outline a clear plan and timeline for executing the demolition orders. The Court also inquired whether the DDA required assistance from other public authorities to carry out the process.
In an affidavit dated March 15, 2025, the DDA claimed it could not proceed with the demolition because the land in question had not been officially handed over. The DDA sought a direction from the Court to the LAC/L&B Department to facilitate the transfer of 3 bigha 8 biswa of land.
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However, the Supreme Court was not convinced by this reasoning, stating that the affidavit failed to explain why demolition could not proceed despite DDA not having formal possession of the land.
This is not the first time the Supreme Court has expressed its displeasure over DDA’s inaction. On May 16, 2024, the Court had explicitly warned the Vice-Chairman regarding non-compliance with an earlier order on demolishing unauthorized storeys of a building. The Court had cautioned:
"Further inaction will invite contempt action against the concerned officers."
