The Supreme Court has stepped in to address allegations of rampant illegal construction in Delhi’s historic Chandni Chowk area.
In a recent order, the Court put a complete stay on the conversion of residential properties into commercial complexes, warning the Municipal Corporation of Delhi (MCD) of severe consequences for any non-compliance.
“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 a Bench comprising Justices Surya Kant and N Kotiswar Singh.
Acknowledging claims from petitioners and intervenors that unauthorized construction was still ongoing despite MCD’s assurances, the Court allowed them to document the situation:
"Petitioners and intervenors may take videos and photographs of the alleged illegal construction sites and place the material on record," the Bench directed.
Taking a stern view of the alleged inaction by municipal authorities, the Court issued a caution:
"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 regarding their collusion with the builders.”
Continuing its proactive stance, the Court also sought a list of names from the petitioners of “eminent and above-board” civil engineers and architects for inclusion in a Joint Inspection Committee to survey the area. MCD was directed to file its inspection report before the next hearing, scheduled for May 23.
During the hearing, Senior Advocate Sanjeev Sagar, appearing for the MCD, claimed all unauthorized constructions at the disputed property had already been demolished. However, the petitioner (appearing in-person) disputed this, alleging fresh illegal construction was still underway and the MCD was turning a blind eye.
Expressing disbelief, Justice Kant remarked:
“Entire residential area has been converted into a commercial project… [a] mall has been constructed, showrooms have been constructed... and you still say it is an old construction?”
In response to an intervenor’s submission regarding a newly built showroom, Justice Kant added:
“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 Court is currently hearing a challenge to two orders passed by the Delhi High Court:
Order One: Disposed of a plea seeking removal of illegal construction at Bagh Deewar, Fatehpuri, based on MCD’s claim that the offending structure had already been removed.
Order Two: Excluded property Nos. 13-16, Bagh Deewar, from the ambit of a PIL concerning illegal commercial construction at property No.15 in the same locality.
The High Court had permitted the private respondent to carry out repairs, while directing MCD to monitor the site closely. A Court Commissioner was also appointed to inspect the site and file a report.
In an earlier hearing held in February, the apex court had indicated its willingness to direct a CBI probe into the alleged illegal constructions and the MCD’s inaction.
“We are inclined to [direct] CBI to investigate... in Chandni Chowk, builders construct like that and you shut your eyes!?” Justice Kant had remarked.
The matter was then adjourned, with the Court asking the MCD to show cause as to why a deeper probe should not be ordered and requesting names of independent experts for the inspection panel.
Petitioner: Appeared in-person
For MCD: Sr. Advocate Sanjeev Sagar; AoRs Praveen Swarup & Ramchandra Madan
For Respondents: Advocates Pareena Swarup, Ravi Kumar, Saurabh Rohilla, Devesh Maurya, Pratap Singh, Himanshu Shembekar & Tushar Nigam
For Intervenor: AoR Bhushan Mahendra Oza & Advocate Amber Dwivedi
Case Title: Dr. S. Jaitley and Anr. v. Municipal Corporation of Delhi and Ors., Diary No. 35312-2024
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