The Hindu : Front Page : Supreme Court raps Centre for Delhi law

Online edition of India's National Newspaper
Tuesday, Jul 18, 2006

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Supreme Court raps Centre for Delhi law

J. Venkatesan

The law enacted by Parliament to put a moratorium on demolition and sealing of illegal premises is "wholly invalid, void... ."

NEW DELHI: The Supreme Court on Monday rapped the Union Government for enacting the Delhi Laws (Special Provisions) Act, 2006, putting a one-year moratorium on demolition and sealing of commercial premises operating from the Capital's residential areas. The Act seeks to maintain the status quo as on January 1, 2006, vis-a-vis demolition and sealing of unauthorised and illegal constructions.

The Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker told Solicitor-General G.E. Vahanvati: "The legislation is wholly invalid, void, because it is an attempt to overrule this Court's order. We will stay the operation of the law."

However, the Solicitor-General requested the Court to grant time for filing a reply and not stay operation of the law until then as there was always the presumption of constitutionality (meaning the law is valid). To this the Bench said: "This Court's order has been given a go-by and yet you cite the rule of presumption of constitutionality!"

The Chief Justice said: "I am not aware of the power of legislation acting as an appellate authority (over the Supreme Court). Parliament cannot direct any authority not to comply with the Court's order. This is pure and simple legislation aimed at overruling the orders of this Court."

The Bench told the Solicitor-General: "First you file an application seeking a moratorium on sealing operations for six months, then you withdraw the application. We don't know whether it was part of a strategy... ." The Bench, however, relented and granted time to the Centre to file its response and posted the matter for further hearing on July 31.

The petitioners, Delhi Welfare Residents' Association Joint Front (DWRAJF) and an NGO, Citizens' Voice, assailed the law on the ground that Parliament had passed the legislation for the benefit of land mafia and violators of the law as well as encroachers on public land at the expense of law-abiding citizens.

They said that it raised substantial questions of law of public importance as the Act was an attempt by parliamentarians to defeat the orders of the Supreme Court and the Delhi High Court on the subject of conversion of residences into commercial places as well as on unauthorised premises.

The petitioners contended that Parliament must act within the norms of democratic principles of law and not go beyond. In spite of its wide powers and prerogatives, Parliament had to observe and act within certain limitations while making a law and it was not supposed to pass a law contrary to the provisions of the Constitution, they pleaded.

Alleging that the law was passed with mala fide intentions as elections to the Municipal Corporations of Delhi were due in a year, the petitioners sought a declaration that the law was illegal and unconstitutional and an interim stay of its operation.

Meanwhile, hearing another petition relating to alleged contempt of court by BJP MLA Harcharan Singh Balli, the Bench made it clear that those not complying with undertakings given to the Court to stop their business by June 30 would be doing so at their own risk.

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