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MCD move on farmhouses' de-sealing raises questions

Sandeep Joshi

`Civic body has misinterpreted the law enacted by Parliament granting a one-year moratorium on sealing and demolition drives'

NEW DELHI: The Delhi High Court's strong views against de-sealing of farmhouses in the Capital that do not meet the required specifications for commercial use have once highlighted how the Municipal Corporation of Delhi has misinterpreted the Delhi Laws (Special Provisions) Act, 2006, enacted by Parliament granting a one-year moratorium on sealing and demolition drives.

The MCD told the court that the farmhouses were de-sealed as per Section 3 of the Act after taking opinion from the Additional Solicitor-General.

However, since the beginning of the controversy, senior functionaries of the Union Urban Development Ministry were not at all convinced of the use of the Act for de-sealing farmhouses and have also conveyed their displeasure to senior civic body authorities.

But still the MCD went ahead and gave permission for de-sealing farmhouses and banquet halls.

Interestingly, nowhere does Section 3 mention commercial use of farmhouses. It states: "Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made there under, the Central Government shall within a period of one year of the coming into effect of this Act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to the under-mentioned categories, namely -- (a) mixed land use not conforming to the Master Plan; (b) construction beyond sanctioned plans; and (c) encroachment by slum and jhuggi-jhonpri dwellers and hawkers and street vendors -- so that the development of Delhi takes place in a sustainable and planned manner."

Accepting that the court's contempt notice against Municipal Commissioner A.K. Nigam and Chief Law Officer A.K. Sharma was a setback for MCD, a senior MCD official said the decision to de-seal farmhouses was taken under much pressure from the Councillors, particularly those holding senior positions in the civic body.

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