SC orders stay on construction activities in 1,797 unauthorised colonies

Satya Prakash 

Tribune News Service

New Delhi, April 24

The Supreme Court on Tuesday ordered immediate stay on construction in 1,797 unauthorised colonies in the National Capital for failing to follow building bye-laws and directed the Centre to set up a special task force (STF) to clear roads and streets of encroachments.

“We direct that there should not be any further construction in any unauthorised colonies and public land,” a Bench headed by Justice Madan B Lokur said.

Questioning the authorities’ intent in regularising such colonies having illegal constructions, the Bench refused to vacate the stay on the proposed amendments in the Delhi Master Plan-2021 at this stage. It asked the government to furnish a detailed status report of groundwater level in Delhi since 2000.

“You first prove your bona fide… take action and then we will see,” said the Bench, which is seized of petitions against the Delhi Laws (Special Provisions) Act, 2006, and subsequent laws that protected unauthorised constructions.

The Bench, also included Justice Deepak Gupta, directed the Centre to immediately set up an STF to oversee enforcement of laws regarding unauthorised constructions and removal of encroachments from roads, streets and public space meant for pedestrians. There cannot be any area in Delhi where there was no rule of law, it emphasised.

The order came after amicus curiae senior advocate Ranjit Kumar pointed out that the building bye-laws did not apply to constructions in unauthorised constructions, leading to haphazard constructions. Nothing was done to check it despite the court’s 2007 verdict, he said, adding such illegal structures were a strain on the Capital’s civic amenities.

“What have you done on it 10 years down the line? You can file an affidavit that you do not need the rule of law to prevail in Delhi,” the Bench asked.

“On the one hand, you have colonies that are authorised; they have to follow all the norms and bye-laws. On the other, you have unauthorised colonies and they are not following any law, because you have done nothing. By regularising them, you will say that whatever illegal they have done, will be regularised… you cannot have an area where there is no rule of law. Here, there are over 1,700 colonies,” it said. 

Kumar informed the Bench that out of the 1,797 unauthorised colonies, 1,218 had been issued provisional regularisation certificate and authorities must clarify as to how many acres of government land, on which unauthorised constructions came up, had been taken back.

On behalf of the Delhi Development Authority, Additional Solicitor-General Maninder Singh said, “The regularisation will be done as per the laws and building bye-laws. Certificates, like fire, have to be obtained for regularisation of the existing buildings.”