The Supreme Court Tuesday ordered no further sealing of unauthorised structures or their regularization or change in land use in Delhi till it examined the National Capital Territory of Delhi Laws (Special Provisions) Bill, 2011 and the challenge to Master Plan 2021.
A special bench of Justice G.S. Singhvi and Justice Swatanter Kumar further said that the authorities would ensure that there was no encroachment of lands belonging to government and public institutions.
The court also ordered that there would be no construction on the government land that have already been encroached.
However, it permitted the monitoring committee to inspect the premises where unauthorised construction has taken place.
The apex court bench passed the order while hearing a matter relating to the sealing of unauthorized commercial and industrial units in the areas other than those earmarked for them like residential and green belts.
The court will Thursday give the dates for the day to day hearing of the matter in March.
The court decided to hear the main petition and examine the act after counsel Mukul Rohtagi, appearing for one of the private petitioners, drew the attention of the court to the bill passed by parliament that protects all the unauthorized structures from any punitive action.
Saying that people will be happy at the order putting on hold any further sealing, amicus curiae Ranjit Kumar pointed out that there was connivance between the people engaged in unauthorised constructions and the officials of concerned agencies in frustrating the latter part of the order.
At this, the court said: “We are sure that no authority will take the chances (of defying the court order).”
Slamming the way the Delhi Development Authority (DDA) works, Justice Swatanter Kumar observed: “When DDA wants to know, then no brick would be put anywhere and when it does not then….”
Justice Singhvi said in that case, even a “double storey building would come up”.
The bill, which was passed by parliament on Dec 14, 2011, seeks to put on hold all punitive action till Dec 31, 2014, in respect of all the unauthorised colonies including village settlements and their extensions, storages, warehouses, and godowns for farm produce beside some other categories.
The proposed act is aimed at facilitating realistic revision of Master Plan for Delhi (MPD-2021) and ensuring its smooth implementation by maintaining status quo in the entire national capital territory.
Earlier the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 was valid up to Dec 31, 2011.