New Delhi, May 16 (UNI) To prevent rampant illegal construction in Delhi’s Chandni Chowk area, the Supreme Court has passed an interim order staying the conversion of residential houses into commercial complexes.
The bench, comprising justices Surya Kant and N Kotiswar Singh, ordered, "Construction of residential premises to commercial complexes shall remain stayed in the relevant areas... no further construction to convert the residential houses into commercial complexes shall be allowed at the site."
The court issued the directive while hearing allegations that several unauthorised constructions were continuing despite prior judicial intervention.
Taking a stern view, the court permitted petitioners and intervenors to submit photographs and videos of ongoing illegal construction activities and place them on record.
The court also cautioned the Municipal Corporation of Delhi (MCD) that non-compliance would be treated as criminal contempt and might lead to adverse inferences regarding possible collusion between municipal officials and builders.
“We caution the municipal authorities that if any of the acts noted hereinabove are allowed to continue on-site, it shall not only be construed as criminal contempt of this court's proceedings but will also constrain us to draw adverse inferences vis-à-vis their supposed collusion and connivance with builders.”
In continuation of its earlier direction, the apex court called upon the petitioners to suggest names of “eminent and above-board” civil engineers and architects who could be included in a joint inspection committee tasked with visiting the site and submitting an independent report.
The matter has been adjourned to May 23, with the court directing the MCD to place on record its updated inspection report.
During the hearing, senior advocate Sanjeev Sagar, representing MCD, stated that all unauthorised structures at the subject property had been demolished.
However, the petitioner (appearing in-person) contested this claim, asserting that unauthorised constructions continue unabated despite MCD’s notice and presence.
Justice Surya Kant, taking strong exception to the ongoing violations, remarked, “The entire residential area has been converted into a commercial project... (a mall) has been constructed, showrooms have been constructed... and you still say it is an old construction?”
When an intervenor pointed out that a full showroom had recently come up at the site, Justice Kant questioned the MCD's inaction. “By 13 February 2025, the houses are being dismantled and constructions are being raised, and you people are sitting silent? The residential house has been converted, and your blind eyes don't see!”
The matter stems from a challenge to two Delhi High Court orders. The first disposed of a petition regarding unauthorised construction at Bagh Deewar, Fatehpuri (Chandni Chowk) based on submissions by the MCD and private parties.
The second excluded property, No. 13-16, Bagh Deewar from the ambit of a public interest litigation filed by residents of Katra-Neel, who alleged unauthorised commercial construction at property No. 15, Bagh Deewar, in a residential zone.
The High Court had recorded that the disputed unauthorised construction had been removed and permitted limited repair work, directing the MCD to keep a strict vigil and appointing a court commissioner to report any future violations.
In February 2025, the Supreme Court expressed serious concern over the inaction of the MCD and indicated that it was inclined to order a CBI probe into the alleged illegal constructions and the MCD’s failure to act.
“We are inclined to direct CBI to investigate... in Chandni Chowk, builders construct like that, and you shut your eyes!?” Justice Kant remarked. The court has directed the petitioners to suggest names of independent architects and engineers for site inspection, keeping open the possibility of a CBI inquiry depending on the findings in the coming hearings.
The case is scheduled to be taken up again on May 23.
UNI SNG PRS