HC Panel Exceeding Brief: MCD
18th, May, 2007
14-Acre "Only Eyes & Ears of Court, It has no authority
to issue demolition directions"
On the backfoot ever since the Delhi High Court ordered demolition
of unauthorized constructions in the city, the MCD on Thursday came
out all guns blazing and virtually accused the high court-appointed
monitoring committee and court commissioners of exceeding their
brief.
Senior advocate Harish Salve-appearing for the civic agency before
a bench comprising Chief justice M K Sharma and Justice Rekha Sharma
"launched a scathing attack on the two-member monitoring
committee and the court commissioners appointed by HC to keep tabs
on the ongoing demolitions, saying "they had no authority
to issue directions and could only inform" the MCD or DDA
about illegal constructions and it was for the high court to give
directions.
Praying for clarification/modification of the high court order
"vesting" power on the monitoring committee and commissioners,
Salve said certain orders had given the impression that the two
bodies could execute HC directions. "The committee and court
commissioners are only eyes and ears of the court and have no role
to play in implementing or executing HC directions " something
only statutory bodies are empowered to do as per law," Salve
said.
He argued that the committee and commissioners had no decision-making
powers and could only "bring to the notice of the MCD commissioner
or the police commissioner" the illegalities after which the
"officers were not bound by their advice but will apply their
mind acting as per law".
Saying "we can't supplant the established system",
the senior advocate alleged the committee members and commissioners
were misusing their powers. "It has been noticed that monitoring
committee members including court commissioners were directing the
senior officials of the MCD to report to them about the progress
of the demolition drive. Now, they have no authority to direct or
ask these officers to report to them. This is brazen misuse of HC
orders," he submitted.
When the bench pointed out that a Supreme Court's appointed
monitoring committee for sealing in the city was carrying out a
similar exercise, Salve clarified that it reported to SC which then
gave directions to MCD as and when required. He signed off by pleading
for modification and said, "If some sentences in previous
orders are excised, all friction between agencies would disappear".
Later, one of the court commissioners, Kirti Uppal defended the
committee members and said they were only bringing gross violations
to the court's notice even after which the MCD did nothing. The
bench has now posted the matter for July 12 for Uppal to complete
his arguments. A seven-member committee was constituted by a bench
headed by the then acting Chief Justice Vijender Jain on May 18
last year to monitor the demolition drive in the Capital to remove
the illegal constructions and decongest the city.
Park Now has Overgrown Grass, Fountains Thick with Sludge, Stinking
Water
Modelled on Mysore's popular Brindavan Gardens, one would
expect Chaudhary Charan Singh Udayan in Kalindi Kunj on the Delhi-Noida
border to be an exotic destination for nature lovers.
But the 14-acre park is in a state of neglect. With overgrown grass,
fountains thick with sludge, stinking water and a dozen stray dogs
roaming all around, the unkempt park needs urgent attention. Most
of the visitors return dejected as half the fountains, the USP of
the garden, don't spring to life with myriad colours.
Though officials claim that the garden generates Rs.5 Lakh per
month from the sale of tickets - Rs.20 per adult and Rs10
per child-, the authorities have done little for its upkeep. In
additionl, the Uttar Pradesh irrigation department, which looks
after the park, also charges visitors Rs.10 and Rs.200 to walk in
with still and video cameras respectively.
"For a park which boasts of beautiful lights and fountains
by night, including a musical one, as its selling point, it is strange
that it closes at 8:30 pm," says a visitor. However, department's
executive engineer Rajiv Yadav has an explanation to offer for the
park's early closing time: "Many young couples come
in the garden and we do not want any trouble by keeping the park
open till late in the night."
But what may have skipped the authorities' attention is that the
fountains are not in right shape with loose electric wires at several
places, making the place risky for children. Besides the usual complain
of lack of cleanliness on the ground, which, it seems, is not swept
regularly, the visitors also frown against the public display of
affection (PDA) in the park.
Admitting that maintenance of the park has not been the best in
the recent past, Yadav says: "we are trying to streamline
this. We are getting a new restaurant, in place of the current canteen,
which has fixed exorbitant rates for everything. The fast food chain,
Fast-trax, will set up an air conditioned outlet in the park very
soon. Things will get better."
The visitors hope that they will get to see the garden in fall
bloom very soon, especially because its potential is huge. Being
located right next to the Yamuna barrage and a bird sanctuary, the
place has the added advantage of being home to exotic birds, like
migratory flamingos, in the winter.
Source: TNN
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