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Delhi HC Calls for Clear Boundaries to End Encroachment Tug-of-War

In a bid to untangle jurisdictional disputes between the Municipal Corporation of Delhi (MCD) and the Delhi Development Authority (DDA), the Delhi High Court has ordered both bodies to precisely demarcate their boundaries. The move aims to streamline accountability for addressing encroachments on public land.

The directive was issued while resolving a public interest litigation (PIL) concerning illegal construction near Hazrat Nizamuddin Dargah. The petition claimed inaction by MCD and DDA officials, despite a work-stop notice issued by the Archaeological Survey of India.

A bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela emphasized the importance of clear jurisdictional lines, mandating that the demarcation include precise coordinates to prevent future blame games. “The boundaries must be marked with precision, including latitude and longitude, wherever feasible,” the Court ordered.

Additionally, the Court directed the MCD Commissioner to identify and penalize officials responsible for neglecting their duties in this case, ensuring accountability and prompt action.

The High Court also urged Delhi’s Lieutenant Governor to expand a drone survey project—currently underway through a memorandum of understanding between the Survey of India, DDA, and MCD—to cover the entirety of Delhi. This would facilitate comprehensive land mapping and make the detection of illegal constructions more effective.

Illegal construction near the Dargah had prompted sharp remarks from the Court earlier this year, criticizing authorities for their inaction and suggesting possible collusion. A Central Bureau of Investigation (CBI) probe was subsequently ordered.

The authorities later informed the Court that the unauthorized structure had been demolished, leading to the disposal of the PIL. The Court’s directives now set a precedent for clearer accountability and enhanced surveillance across Delhi to prevent similar disputes.

This case underscores the pressing need for cooperation and technological integration among urban authorities to combat unauthorized development in the capital.

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