INDIA BUSINESS WORLD - JULY 2006
THE MONTH THAT WAS...

ANTI-DEMOLITION LAW SET TO BE DEMOLISHED

THE Manmohan Singh government's game-plan of escaping the wrath of the people of Delhi by putting in place a law declaring a year's moratorium on the sealing and demolition of unauthorised structures was on Monday staring at the possibility of being struck down by the Supreme Court.

A division bench comprising Chief Justice Y K Sabharwal and Justice C K Thakker, acting in response to a bunch of PILs challenging the Delhi Laws (Special Provisions) Act passed by the Manmohan Singh government during the post-recess budget session of Parliament this year, took strong exception to the move, terming it as an attempt to the undermine the court's jurisdiction. `This is pure and simple legislature over-ruling this court... First you come here and ask for six months time, then you withdraw your application, we do not know whether it was part of your strategy,'' the bench observed, adding, ``the legislature cannot direct any authority not to comply with the orders of this court.''

The bench's observations during the course of the proceedings, and the likelihood of the Delhi Laws (Special Provisions) Act being scrapped by it have put the ball back in the Congress-led coalition's court. It also has the potential of upsetting Congress' electoral calculations for municipal elections, scheduled to be held next year.
If the law is indeed set aside, it could see the resumption of the sealing and demolition drive by MCD at various places — something which the Congress would be anxious to avoid in the run-up to the civic elections. Chief Justice Sabharwal, in a stinging remark, tore into attempts at this legislative overreach by asserting, ``at least, I am not aware of the legislature exercising its powers as an appellate authority.''

When solicitor-general G E Vahanvati said the presumption of constitutionality (in favour of the Act) was always there, the bench retorted: ``This is wholly invalid and void... The government has virtually given a go-by to the court order.
As the solicitor-general sought time to file the Centre's reply to the petitions, the bench gave him time till July 31, the date of the next hearing. The court also appointed senior counsel Ranjit Kumar as amicus curiae. The MCD counsel had on July 14 filed a detailed report on sealing of residential properties being used as commercial ones and sought an early hearing of the matter.