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Delhi High Court criticizes police, MCD for their failure to stop illegal construction near Hazrat Nizamuddin Dargah

The Delhi High Court today criticized the Delhi Police and the Municipal Corporation of Delhi (MCD) officials for their failure to stop the illegal constructions near the Hazrat Nizamuddin Dargah. 

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that such construction was not possible without the connivance of the police and civic authorities and that the Court may consider handing over the investigation in the case to the Central Bureau of Investigation (CBI). 

The Delhi High Court asserted that either the Delhi POlice or MCD is involved in the matter. The bench said that they will refer the investigation to the CBI. The court further questioned how can a building be constructed near a centrally protected monument without the connivance of the Delhi Police.    

The High Court was dealing with a petition highlighting illegal construction in the national capital’s Nizamuddin area. The Jamia Arabia Nizamia Welfare Education Society approached the High Court stating that illegal guest houses have been constructed barely 100 meters from the centrally protected monuments of Nizamuddin ki Baoli and Barakhamba Tomb. It underlined that both these monuments are in the vicinity of the Nizamuddin dargah. 

The Court was further informed that even though many guest houses were earlier sealed in the area, recently there has been a resurgence of the same. The petitioner claimed that the authorities were not taking any action against such construction.

The counsel representing the Archaeological Survey of India (ASI) told the Court that the ASI had issued a show cause notice to the owner of the particular property where constructions has been carried out and even asked the police to register a first information report (FIR).

Considering the submissions, the Court summoned the Deputy Commissioner (Central Zone) of the MCD and asked the officer to remain present in the court. The Delhi High Court further ordered the authorities to ensure that no construction is carried out in the property which has been named in the petition. 

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