INDIA BUSINESS WORLD - DECEMBER 16^th - DECEMBER 31^st - 2007

MCD WANTS COURTS TO REFRAIN FROM GIVING DEMOLITION ORDERS

Muncipal Corporation of Delhi (MCD) has contested the orders passed by the Delhi High Court for demolition of buildings is "unconstitutional" as the court sought to perform executive or legislative functions." In its application filed before the special bench of the High Court, MCD said according to the Supreme Court judgment, held that the orders passed by the High Court in relation to the legality of constructions in Delhi and identifying the buildings to be demolished are matters pertaining to the executive or legislative domain and therefore, it is unconstitutional for the courts to infringe in their domain.

The MCD lawyer Ajay Arora said creation of the Monitoring Committee under the cover of judicial order impairs the principle of separation of powers because under the law, MCD is the body statutorily mandated to perform executive functions and therefore, the committee should be dissolved.

Mr. Arora has urged that the court commissioners should be removed and MCD be directed to remove all illegal constructions in the city in accordance with the law.

In its recent judgment, the Supreme Court has held that Judges must know their limits and should not try to run the Government.

They must have modesty and humility and not behave like emperors, it said.

The court said there was a broad separation of powers under the Constitution and each organ of the state namely the legislature, the executive and the judiciary, must have respect for each other and not encroach into each other's domain.

Mr. Arora said some orders passed by the Delhi High Court were those which the executive must perform; therefore, passing them violates the recent Supreme Court orders.

The MCD wants that the High Court should dispose of all the pending petitions which infringe into the legislative or executive domain.

The MCD said as per the Supreme Court directions, they are already inquiring the cases of illegal constructions on street to street basis and all those officials involved in abetting the illegal constructions will be punished as per the law.

Mr. Arora has urged the court to withdraw its orders passed on March 23, 2006 and May 18, 2006 by which eight court commissioners and a monitoring committee was appointed.

Citing the apex court's judgment, he added the court commissioner cannot perform the functions of the executive and substitute them.

The matter will come up for hearing tomorrow before the special bench of Justices A K Sikri and Rekha Sharma.