Delhi Police order sets MCD process for illegal construction action

Delhi Police officers and beat staff cannot independently halt suspected illegal construction under a standing order issued to police subdivisions in June.

The order says police are not technically qualified to determine whether a building is structurally unsafe, departs from an approved plan or encroaches on government land. When a police station receives information about an alleged violation of the Delhi Municipal Corporation Act, it must write to the relevant MCD deputy commissioner the same day. It must also send copies to the person concerned and the area’s deputy commissioner of police.

Police can directly stop construction only after the MCD invokes Section 344(2) and issues a direction. Zonal assistant engineers (building) can issue such directions. During demolition operations, police are primarily responsible for maintaining law and order, while civic agencies must notify the concerned DCP sufficiently in advance.

For large-scale demolition, sealing or eviction operations, the order requires the lieutenant governor’s secretariat to be informed at least a week in advance. DCPs must bring such matters to the police commissioner’s secretariat at least 15 days before the operation.