HC orders MCD to demolish unauthorised constructions in Nimri Colony

New Delhi, Aug 8 (UNI) The Delhi High Court today directed the Municipal Corporation of Delhi(MCD) to demolish all unauthorised constructions built beyond 135 sq meter area in Nimri Colony situated at Ashok Vihar in Rohini Zone.

Acting on Court Commissioner Rakesh Khanna's report, Chief Justice M K Sharma and Justice Sanjive Khanna directed MCD to demolish all constructions which were built on land more than the prescribed 135 sq meter and file the action taken report in the court within three weeks from today.

The court directed the MCD Deputy Commissioner to either ensure the implementation of court orders or be prepared to face the consequencies. He has been asked to be personally present before the court on the next date of hearing.

The court has directed the police to provide all necessary help and security to the MCD.

Nimri Colony was in fact a double-storey Government colony, built in 1960-61, where about 600 flats measuring 62.26 sq meters were built for MCD employees.

About 325 flats were alloted to the MCD employees and the remaining were either sold out or alloted to people who had to be rehabilitated.

MCD later sold the same houses to the occupants of the flats, that is the MCD employees, who then became owners of the flats by paying the requisite cost.

The problem arose when the ground floor occupants started encroaching the front and back portions of the vacant land. The first floor flat owners formed an association and approached the Delhi High Court in the year 1994 seeking relief that they may also be allowed to construct roof on the land occupied by the ground floor dwellers.

Even as the case was pending in the court, MCD passed a resolution that all the flat owners may be allowed eight feet of space in front of the flat and 22 feet on the back side. This amounted to sanction of 135 sq meters of land to the flat owners.

MCD also directed that the covered area of the flats shall not exceed 100 sq meters.

MCD also directed that all those who had covered more than 100 sq meters shall pay a fine of Rs 5830 per sq mt.

The unauthorised construction did not stop even then and more and more land was taken over by the flat owners.

The Court had directed Mr Khanna to inspect the site and file his report in the court.

According to the report filed today, the flat owners had covered more than 200 sq mt of adjoining land, with the corner flats being the biggest violators.

The court has made it clear that no construction will be allowed on the government land.

UNI