KALYAN SANSTHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to our orders dated 30.11.2005,6.12.2005 and 14.12.2005 demolition drive has been undertaken in Delhi but it has been far from satisfactory. Mr. Gopal Subramanium, learned Additional Solicitor General, appearing for Municipal Corporation of Delhi at the outset has stated that this is not an adversarial litigation.

(2.) Delhi has to get rid of unauthorised constructions. Action has to be taken against erring officials, builders, influential and powerful people who have permitted or have indulged in unauthorised constructions. Message must go to the people, who construct their dwelling units that such constructions have to be in conformity with the laws.

(3.) We were told and accordingly we had observed in our order dated 6.12.2005 that while one building was demolished, another building on the same street or road was left untouched. Mr. Subramaniam has assured us that this will not happen anymore and henceforth uniformity in action of demolition will be key word. In the order dated 6.12.2005 we had asked for list of properties which had been built by builders in flagrant violation of building bye-laws. We had also asked for the names of the builders and if the plans of such properties were sanctioned in the names of the original owners we had directed that the details as to who were the persons with whom they entered into collaboration agreement be obtained from the owners and be filed. This has not been done. Mr. Subramaniam says that the exercise will be done and the details will be submitted to this Court before the next date of hearing.