SC To Examine Validity Of Delhi Laws (Special Provisions) Act, 2006 That Gave Relief To Illegal Constructions

Exactly two months after the union cabinet  approved a bill- NCT of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2017- extending the immunity to illegal constructions in Delhi, and preventing their demolition or sealing till December 31, 2020, the Supreme Court today said it will examine the validity of  act which existed before it - The Delhi Laws (Special Provisions) Act, 2006.

The issue came up in the sealing case M C Mehta Vs Union of India before the bench of justices Madan B Lokur and Deepak Gupta wherein DDA’s plan to amend Master Plan of Delhi 2021 is being examined.

Its validity is under scrutiny in view of several petitions being filed seeking relief from the ongoing sealing drive.

Senior advocate Ranjit Kumar, assisting the court as amicus curiae in the matter today handed over five volumes of compilations pertaining to the Delhi Laws (Special Provisions) Act, 2006 which the bench said will be examined on April 2, 2018 at 2 PM.

It is to be noted that in April 2013,  SC had transferred these writ petitions challenging The Delhi Laws (Special Provisions) Act, 2006  to the Delhi HC for expeditious hearing.

But on December 15, 2017,  the bench withdrew the petitions to itself, noting that nothing had happened in the HC since then.

On February 10, directing the Delhi Police to take action against violators without fear and being influenced in any manner even if the culprit is a big fish, the bench had issued contempt notices to Delhi BJP MLA O P Sharma and the party’s municipal councilor Gunjan Gupta for obstructing sealing of unauthorized commercial units in North East Delhi's Shahdara.

Sharma and Gupta have been asked to be personally present in the court on March 6.

The bench also enquired from the DDA, corporations and Kejriwal government if any environment impact assessment had been carried out before suggesting amendments in the Delhi Master Plan 2021.

It is to be noted that on February 6, pulling up the Delhi Development Authority for planning to amend Master Plan of Delhi 2021 in its over-enthusiasm to save traders from the ongoing sealing drive, the bench said the authorities have not learnt anything from the past tragedies and wondered whether the full form of DDA was Delhi Destruction Authority.

The DDA has recently proposed bringing uniform floor area ratio (FAR) for shop-cum-residence plots and complexes at par with residential plots, a move that would give respite to traders facing the threat of sealing.

Read the Order Here