MCD challenges HC's monitoring committee on demolition

New Delhi, Apr 5 (UNI) The Municipal Corporation of Delhi (MCD) has challenged the monitoring committee on demolition appointed by the Delhi High Court in 2006, saying the committee cannot impose its directions on civic authorities as the Constitution has guaranteed separation of powers for all its arms.

Senior advocate and former law minister Ravi Shankar Prasad yesterday sought winding up of the appointment mechanism appointed by the Court to monitor demolitions in the Capital. The monitoring committee was meant for a limited purpose and should now be withdrawn, he said.

A bench, comprising Justices A K Sikri and Rekha Sharma, asked Mr Prasad whether the MCD was of the view that the Court did not have powers to appoint the monitoring committee or were they contesting the powers of the committee.

Mr Prasad in his reply, said he did not dispute on the powers of the Court to appoint the committee, but ''to what extent can such a body be imposed upon the MCD through a judicial order?'' Mr Prasad had earlier also argued that the Constitution had guaranteed separation of powers among legislature, executive and judiciary. So the role of the monitoring committee discharging executive's function, as a parallel body, under judicial order ''whittles down the basic principle of Constitution.'' The bench will hear the petition on July 22.

UNI SNG SP BD1750