38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Supreme Court Modifies Delhi HC order on Chandni Chowk Encroachment, Holds Municipal Corporation primarily responsible for the work

By Tanurag Ghosh      24 July, 2020 01:06 PM      0 Comments
Supreme Court DelhiHC Chandni Chowk Encroachment

The Delhi High Court passed an order on the removal of encroachments from the carriageway at Chandni Chowk in New Delhi on 14th November 2019. In the order, the High Court had placed the responsibility of ensuring compliance with this act on the Government of National Capital Territory of Delhi, specifically on Additional Chief Secretary (Home).

This order was passed on a plea filed by the NGO Manushi Sangathan. In 2015 the court directed the Municipal Corporation to remove these encroachments by religious structures on the roads of Chandni Chowk. It asked the government of the region and the police to extend co-operation to the civic agency. This order was modified by the Supreme Court in 2018 that the responsibility of removal rested on the civic body and Delhi Government must extend support co-operation. 

The top bench, also comprising Justice KM Joseph, in its order said-

“The direction contained in paragraph 20 of the impugned judgment and order of the High Court will have to be modified so as to be consistent with what is set out in the order of this Court dated 16 May 2018 by which it was clarified that while the primary responsibility is cast upon the Municipal Corporation, the GNCTD shall extend necessary cooperation. We clarify accordingly.”

The Supreme Court has now modified this order. The bench comprising of Justices D.Y. Chandrachud and Indu Malhotra stated that the primary responsibility of clearing illegal occupants is on the Municipal corporation and the Government of Delhi should only assist it in this exercise.

The Apex court took into consideration Section 317(2) of the Delhi Corporation Act, 1957 for this modification. It noted that the aforementioned section casts an obligation on the Commissioner of the Municipal Corporation of the district to remove the encroachment.



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email