The Supreme Court of India has recently intervened in the ongoing issue of illegal constructions in Delhi's Chandni Chowk, issuing a clear order to halt the conversion of residential houses into commercial complexes in the area. A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized that no further construction for converting residential premises into commercial complexes would be allowed.
“Construction of residential premises to commercial complexes shall remain stayed in the relevant areas... no further construction to convert the residential houses into commercial complexes shall be allowed at the site,” ordered the Court.
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The Supreme Court granted liberty to the petitioners and intervenors to capture videos or photographs of any ongoing illegal constructions and submit them to the Court. The Court's warning was explicit – any unauthorized construction would be viewed as contempt of Court, and adverse inferences could be drawn against the Municipal Corporation of Delhi (MCD) if it is found to be colluding with the builders.
“We caution the Municipal Authorities that if any of the acts noted hereinabove are allowed to continue on-site, it shall not only be construed as criminal contempt of this Court’s proceedings, but will also constrain us to draw adverse inferences vis-à-vis their supposed collusion and connivance with the builders,” the Court stated.
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The Supreme Court also instructed the petitioners to suggest names of “eminent and above-board” Civil Engineers and Architects to form a Joint Inspection Committee. This Committee would be responsible for inspecting the sites and providing a comprehensive report to the Court. The matter was adjourned to May 23, allowing the MCD to submit its inspection report.
Background of the Case
The issue dates back to challenges against two Delhi High Court orders. One of the orders involved the removal of unauthorized constructions at Bagh Deewar, Fatehpuri, in the Chandni Chowk area. The High Court’s directive allowed the private respondent to carry out repairs while instructing the MCD to maintain strict vigilance.
However, allegations continued that unauthorized constructions were still ongoing despite the High Court’s orders. During the hearing, Senior Advocate Sanjeev Sagar, representing the MCD, claimed that all unauthorized constructions at the disputed property were demolished. However, the petitioner contested this claim, stating that unauthorized activities continued even with the MCD’s awareness.
The Supreme Court did not hold back in its criticism of the MCD. Justice Kant, reacting to the MCD’s stance, remarked:
“Entire residential area has been converted into a commercial project…[mall] has been constructed, showrooms have been constructed…and you still say it is an old construction?”
Another incident involved an intervenor who highlighted that a showroom had been constructed in the residential area, to which the Court reacted sharply:
“By 13 February 2025, the houses are being dismantled, and constructions are being raised, and you people are sitting silent? Residential house has been converted, and your blind eyes don’t see!”
The Supreme Court has scheduled the next hearing for May 23, by which time the MCD must present its inspection report. The petitioners and intervenors are also expected to submit any fresh evidence of unauthorized construction in the area.
Appearance: Petitioner-in-person; Senior Advocate Sanjeev Sagar, AoRs Praveen Swarup and Ramchandra Madan, Advocates Pareena Swarup, Ravi Kumar, Saurabh Rohilla, Devesh Maurya, Pratap Singh, Himanshu Shembekar and Tushar Nigam (for respondents); AoR Bhushan Mahendra Oza and Advocate Amber Dwivedi (for intervenor)
Case Title: DR. S. JAITLEY AND ANR. Versus MUNICIPAL CORPORATION OF DELHI AND ORS., Diary No. 35312-2024
