The Supreme Court has sought to issue notices to the Centre, Delhi
Government and others on an application challenging a fresh Ordinance
issued by the urban development ministry providing immunity against
sealing / demolitions of all unauthorised constructions in the capital.
A bench of Justices Arijit Pasayat, C K Thakker and L S Panta asked the
Union government, DDA, MCD and the Delhi government to file their
replies within four weeks on the plea challenging the validity of the
Ordinance.
The Delhi Pradesh Citizens’ Council, in its application filed through
counsel Jasbir Singh Malik, said the provisions of The National Capital
Territory of Delhi (Special Provisions) Second Ordinance, 2007 run
contrary to the directions of the apex court in sealing case. It was
nothing but to over-reach the court order, said applicant NGO.
The provisions of the Ordinance notified on September 15 are
unconstitutional. Under Section 3 of the Ordinance, the violators of
the law have been saved from sealing despite court order against them,
said the application.
It is also violative of the undertaking given to the court to the
effect that the authorities would take sealing exercise in respect of
all areas which are not covered under the Master Plan for Delhi 2021,
it stated.
The application further stated that the government has no authority to
keep the enforcement of a court’s order or the civic
bye-laws/regulations/statutes in abeyance as contemplated under the
Ordinance in question.
The Centre has notified The National Capital Territory of Delhi Laws
(Special Provisions) Second Ordinance, 2007, giving major relief
against the sealing and demolition drive in such areas. Such immunity
would continue till December 31, 2008 as per the Ordinance.
According to the Ordinance, formulated in terms of the 2021 Master Plan
for Delhi (MCD), the immunity would cover all encroachments,
unauthorised occupation of government or public land for residential or
commercial or any other use, including unauthorised development.
The government decided to issue the second Ordinance as the earlier one issued on July 2007 lapsed on September 21.
Though a bill was introduced by the Centre in Parliament to replace the
previous Ordinance, it could not materialise as the House adjourned
sine die.
Hence, the fresh Ordinance repealing the previous one was issued by the government.
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