The union cabinet has approved a bill- NCT of Delhi Laws (Special Provisions) Second (amendment) Bill, 2017. The bill was extending the immunity to illegal constructions happening in National Capital and preventing their demolition or sealing till December 31, 2020. The Supreme Court has said on Wednesday that it will examine the validity of the act and also the provisions of the act which existed before it- The Delhi laws (special provisions) Act 2006.
This issue was highlighted in the sealing case of M C Mehta Vs Union of India. This case came up before the bench comprising of Justices Madan B Lokur and Deepak Gupta wherein DDA’s plan of Delhi 2021 was being examined.
The validity of the act is under scrutiny because of several petitions being filed seeking relief from the ongoing sealing drive. In pursuance to the case, Senior Advocate Ranjit Kumar was assisting the court as amicus curiae in respect to the proceedings of the court handed over five volumes of compilations pertaining to the Delhi Laws (special provisions) act, 2006 which the bench said that it will examine it on April 2, 2018 at 2 pm.
According a leading news journal, in April 2013, SC had transferred all the writ petitions dealing with petitions challenging The Delhi (special provisions) act 2006 to the Delhi HC for elaborate hearing. But on December 2017, the bench withdrew the petitions itself, noting that nothing had happened in the HC since then.
Looking in to the instances towards violation of the said act, action by Delhi police was taken without fear and being influenced in any manner even if the culprit is a big fish, the bench issued contempt notices to Delhi BJP O P Sharma and the party councillor Gunjan Gupta for obstructing sealing of unauthorised commercial units in the north east Delhi’s Shahdara. Both of them are asked to be personally present in the court on March 6.
The bench has also enquired from DDA, corporation and Kejriwal government if any “environment assessment” had been carried out before suggesting such amendments in the Delhi Master Plan 2021. The amendments were proposed to save traders from ongoing sealing drive, the bench has clearly said that the authorities have not learned yet from the past tragedies and wondered whether DDA full form was “Delhi Destruction Authority”.
The DDA has recently proposed to bring uniformity in floor area ratio (FAR) for shop cum residence plots and complexes at par with respect to residential plots. This move will give respite to traders facing the threat of sealing.
Courtesy/By: Trisha Mukherjee
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18 Feb 2018
