The Hindu : New Delhi News : Exemption on building by-laws to go

Online edition of India's National Newspaper
Thursday, Dec 09, 2004

New Delhi

New Delhi

Exemption on building by-laws to go

By Our Staff Reporter

NEW DELHI, DEC. 8. The Standing Committee of the Municipal Corporation of Delhi today decided to withdraw the exemption given to the villages and Lal Dora areas of the Capital way back in 1963 from building regulations and building by-laws.

The decision comes following a directive from the Supreme Court that asked the MCD to withdraw the 1963 notification. The Standing Committee had constituted a sub-committee for the purpose headed by the Leader of the House, Satbir Singh.

In its report, which was accepted by the Standing Committee today, the sub-committee recommended that the 1963 order be withdrawn with the condition that no new factories be permitted in the Master Plan, but the old units be allowed to continue till Government decided their fate. "If they close down or if they change their trade to confirm to Master Plan, they should be allowed to do so," it said.

The sub-committee, however, recommended continuation of factories which are similar to agricultural occupations like dal or rice mills, soap / oil cake making, food products and ice factories. "These industries would have to meet the pollution norms," it said.

As for the other factories, the report said that those manufacturing polluting products like paints, machining, rubber products, electroplating, sheet metal, cement, medicines and drugs should be referred to the Delhi Government ether to relocate them or a suitable policy be framed in this regard," it said.

Examining the recent judgement of the High Court in the B. L. Wadhera and Delhi Government case regarding implications of the notifications granting certain exemption to the residents of rural villages, the sub-committee was of the view that the High Court order should take effect only from the date of order -- August 23. "Since earlier constructions had taken place based on the interpretation that exemptions were available to all rural villages, it would not be possible to demolish all those constructions which took prior to this judgement," it said.

"The MCD should examine whether an appeal can be filed seeking clarification of the order of the High Court," the report said. The High Court in its order had said that in rural areas there was no provision that the bye-laws shall not apply.

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