New Delhi:The Delhi High Court Tuesday pulled up the police and the Municipal Corporation of Delhi for their failure to stop unauthorised construction near the Nizamuddin ki Baoli and the Barakhamba Tomb which are centrally protected monuments. The high court directed the civic authorities, including the MCD, to ensure that no further construction takes place in an "unauthorised guest house" located near the two monuments.
The court observed that such construction was not possible without the connivance of police and civic authorities and that the court may consider handing over the investigation in the case to the Central Bureau of Investigation (CBI).
"Either Delhi Police is involved or MCD. We will refer the investigation to the CBI. How can a building be constructed near a centrally protected monument without the connivance of police? How can they bring material to the area? How is construction taking place next to a national monument? You are cracking a joke on all of us.
"Prima facie, we are of the view that a CBI investigation is called for in this matter," a bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora orally said. The high court was hearing a public interest litigation by NGO Jamia Arabia Nizamia Welfare Education Society claiming that "illegal and unauthorised construction" was being done at 'Khasra number 556 Ziyrat guest house near Baoli gate, Hazrat Nizamuddin Dargah near police booth'.
As the court was informed that the construction was still going on, the bench directed the deputy commissioner of the central zone, MCD to be "personally present" before it on February 7, which is the next date of hearing. The bench directed the authorities to ensure that no further construction is carried out by the Ziyrat guest house.