Delhi Police Issue Directive Stating Force Cannot Halt Illegal Construction
The Delhi Police has issued a standing order to all police subdivisions stating that it is not technically qualified to determine building safety or adherence to norms, and its personnel cannot halt construction work without explicit directions from civic authorities.
The directive follows scrutiny after a building collapse in Saidulajab in May and earlier clashes between police and residents during a demolition project near Turkman Gate in January. Civic officials had alleged that police were aware of unauthorised construction activities in these areas.
According to the order, which was reviewed by the police commissioner before being circulated in June, police officers have no inherent authority to stop unauthorised construction. The document noted that police personnel are not equipped to assess whether a structure is unsafe, violates an approved plan, or encroaches on government land.
Police can directly intervene to stop construction only when the municipal corporation invokes powers under Section 344(2) of the Delhi Municipal Corporation Act. The standing order noted that zonal assistant engineers (building) are empowered to issue such instructions to police units.
Under the outlined procedure, whenever a police station receives information regarding unauthorised construction or a violation of the DMC Act, it must notify the concerned MCD deputy commissioner in writing. A copy must be provided to the alleged offender and the concerned deputy commissioner of police on the same day. The DCP is then required to write to the commissioner of the relevant civic agency.
The order reiterated that the primary role of the police is confined to maintaining law and order during demolition drives. Civic agencies must notify the concerned DCP sufficiently in advance regarding the date, location, and scale of the operation. A DCP may recommend postponing an operation if law-and-order risks arise or if adequate personnel are unavailable.
For mass demolition, sealing, or eviction operations, the lieutenant governor's secretariat must be informed at least one week in advance by the police commissioner or special commissioner, while DCPs must alert the commissioner's secretariat 15 days ahead of time.
Demolition of religious structures encroaching on public land requires prior examination by the religious committee headed by the home secretary, based on inputs including site plans, land ownership records, and relocation plans.
