Bulldozers are working overnight to pull down illegal constructions in Delhi. Acting on strict orders of the High Court, glittering malls, big buildings and small shops are razed to ground. The Municipal Corporation of Delhi (MCD) is forced to take harsh steps in Lal Dora, and other places where the big shots of the capital city have encroached government lands to built sleek structures without any respect for law and the rulebook. The greed of the encroacher, bribes to officials and the patronage of politicians emboldened people to illegally grab empty spaces of the city. The situation reached such a saturation point that everyone began feeling the heat of congestion and crowded clusters. Posh residential colonies posed a bad picture with a pathetic infrastructure like potholed roads, frequent power cuts, acute water shortage and, environmental pollution threatened to shake the luxurious lives of the wealthy sharks of Delhi. At this crucial stage, the judicial machinery stepped forward to put an end to the menace of law breaking encroachments.

According to a modest estimate of MCD, 40 lakh illegal constructions are happily standing strong in the city. This constitutes nearly 80 percent of buildings in the capital, a large majority of which belong to judges, politicians, bureaucrats and other public figures.

Three types of activities are considered to be illegal in the building rulebook of Delhi. One, encroachment of government land, two, altering a building after getting clearance from concerned authorities and three, running a commercial enterprise from residential areas. With uncontrollable migration, it is vital for the government or judicial bodies to act firmly against any type of illegal activity. Alternatively measures should be taken to reduce migration into cities.

The main culprits in the booming illegal construction business are not the innocent people who want to have a roof over their heads. The prolonged inaction and constant demand of politicians to regularize illegal colonies and constructions encouraged people to occupy government lands in the first place. The MCD, which is supposed to check building rules before giving water, electricity and other important amenities, is the main villain in the demolition tragedy of Delhi. An action against both upper and lower staff of the local administrative body is important to send a right signal to the future efficiency of government employees. Clearance papers are provided over the counter for a peanut payment. Those who bribe can get away with clerical hassles and paperwork through their backdoor. If we don’t act against the corrupt lobby of the government fast enough, it will only catalyze future illegal constructions.

Unfortunately, officials who perform their functions dutifully cannot stay in the same seat for a very long time. For those who act in favour of the common good and against those who violate the rules, it is a constant battle for survival. This has been the thumb rule for all political parties in power. Jagmohan, the bold and brilliant minister in Vajpayee headed NDA government, was chucked out of the urban development ministry for advocating demolition of illegal constructions, evacuation of industrial units in residential areas and host of other reform agendas. Today, Sheila Dikshit of Congress is on the verge of losing her chief ministership because of her keenness to abide by the rule of law. The world witnessed the biggest slum demolition in Mumbai recently and, almost immediately, the Chief Minister of Maharashtra was censured by the high command for this anti-poor measure. Finally, it was halted half way. Incidentally, the top brass of any political order can stop any reform movement anywhere in the country, if it so wishes. It is high time we rid ourselves of such political high handedness.

Why does the Supreme Court or the High Court not cap a moratorium on the nonsense of politicians in this case? The highest judicial body in the country issued prohibitory orders against street protests and newspaper articles against the arrival of French ship, Clemenceau. Why not have the same set of strictures against those who defend illegal constructions and encourage rule violations? Shamelessly ministers and elected representatives differentiate between need based and greed based encroachments. Disrupting parliament proceedings in support for illegal constructions cutting across party lines are unhealthy for the all round development of the nation. An early fitting lesson must be taught to those who go overboard in voicing their support for law violators.

Published by TCP 19 April 2006