Tweet
SC puts brakes on Delhi sealing drive till March
Freezing all demolition and sealing activity in Delhi, the Supreme Court on Tuesday directed the Monitoring Committee, constituted by it, to put the drive on hold till March.
The sealing activity, initiated on a Supreme Court order of February 16, 2006 directing stoppage of all commercial activity in residential areas, had opened the floodgates for litigations even as the Committee’s functioning too came under cloud.
Incidentally, the Court’s decision to call off the sealing action coincided with sealing orders being passed against Taj Ambassador Hotel and prime properties situated in Khan Market and Sujan Singh Park.
The Monitoring Committee comprising Bhure Lal, former Election Commission official KJ Rao and Major General (Retd) Som Jhingon had passed an order on November 23, 2011 to seal the premises including Ambassador Hotel after it found several irregularities in the land use and building plan of the buildings. This order was put on hold by the SC on November 29 last year.
Directing status quo across Delhi, the bench of Justices GS Singhvi and Swatanter Kumar restrained the Committee from initiating any further sealing action or demolition. It also directed that the Committee would submit reports or take any steps only when instructed by the Court.
The order virtually defangs the Committee and removes all powers to seal, issue show cause notice or summon owners found to have violated municipal bye-laws and land lease conditions.
However, the SC order has not spelt joy for the Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC) or Delhi Development Authority (DDA) either. Striking a balance, the Court stopped the civic agencies from regularizing any illegal structure or encroachment. But the bench clarified that this order would not come in the way of the civic bodies to “faithfully” carry out their duty to prevent any illegal structure or misuse of residential property that comes to its notice.
The Court’s decision was aided by the Union Urban Development Ministry which brought a copy of the National Capital Territory of Delhi Laws (Special Provisions) Second Bill 2011 ordering a two-year moratorium on sealing activity in Delhi. Additional Solicitor General (ASG) Vivek Tankha informed the bench that in view of the Master Plan 2021, the Centre will present redevelopment plans to ensure planned development of the city.
Freezing all demolition and sealing activity in Delhi, the Supreme Court on Tuesday directed the Monitoring Committee, constituted by it, to put the drive on hold till March.
The sealing activity, initiated on a Supreme Court order of February 16, 2006 directing stoppage of all commercial activity in residential areas, had opened the floodgates for litigations even as the Committee’s functioning too came under cloud.
Incidentally, the Court’s decision to call off the sealing action coincided with sealing orders being passed against Taj Ambassador Hotel and prime properties situated in Khan Market and Sujan Singh Park.
The Monitoring Committee comprising Bhure Lal, former Election Commission official KJ Rao and Major General (Retd) Som Jhingon had passed an order on November 23, 2011 to seal the premises including Ambassador Hotel after it found several irregularities in the land use and building plan of the buildings. This order was put on hold by the SC on November 29 last year.
Directing status quo across Delhi, the bench of Justices GS Singhvi and Swatanter Kumar restrained the Committee from initiating any further sealing action or demolition. It also directed that the Committee would submit reports or take any steps only when instructed by the Court.
The order virtually defangs the Committee and removes all powers to seal, issue show cause notice or summon owners found to have violated municipal bye-laws and land lease conditions.
However, the SC order has not spelt joy for the Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (NDMC) or Delhi Development Authority (DDA) either. Striking a balance, the Court stopped the civic agencies from regularizing any illegal structure or encroachment. But the bench clarified that this order would not come in the way of the civic bodies to “faithfully” carry out their duty to prevent any illegal structure or misuse of residential property that comes to its notice.
The Court’s decision was aided by the Union Urban Development Ministry which brought a copy of the National Capital Territory of Delhi Laws (Special Provisions) Second Bill 2011 ordering a two-year moratorium on sealing activity in Delhi. Additional Solicitor General (ASG) Vivek Tankha informed the bench that in view of the Master Plan 2021, the Centre will present redevelopment plans to ensure planned development of the city.
