The Hindu : Front Page : Centre justifies freeze on Delhi demolitions

Online edition of India's National Newspaper
Tuesday, Jul 25, 2006

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Centre justifies freeze on Delhi demolitions

J. Venkatesan

"It is a valid piece of legislation to take care of ground realities"

NEW DELHI: The Centre on Monday filed an affidavit in the Supreme Court justifying the enactment of the Delhi Laws (Special Provisions) Act, 2006, seeking to put a one-year moratorium on demolition and sealing of commercial premises operating illegally from the Capital's residential areas.

In its response to writ petitions challenging the law, the Centre said: "The impugned legislation is a valid piece of legislation within the jurisdiction and competence of Parliament."

"In passing the impugned legislation," it said, "Parliament has recognised the ground realities namely the distortion in planning, huge growth in volume and influx of citizens to Delhi, huge growth and demand for housing and commercial space and the shortage of land."

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

Denying the allegation, the Centre said: "Parliament has imposed a specific mandate on the Central Government to carry out an urgent exercise within a period of one year of taking all possible measures to finalise norms, policy guidelines and feasible strategies so that the development of Delhi takes place in a sustainable and planned manner."

The Centre made it clear that the law provided relief only to certain categories of unauthorised development and did not impose a blanket ban on all punitive action in respect of unauthorised development. It said the Act was not intended to encourage law-breakers.

Explaining the reasons for the law, the Centre said, "the Act is to make orderly arrangements keeping in view the proposed Master Plan-2021 and at the same time give temporary relief in respect of the hardship caused to a large number of people by reason of the action arising from the Master Plan-2001 having become outdated".

Referring to the observations made last week by the Court, the Centre said, "There has been absolutely no attempt to circumvent or subvert the orders of the apex court." "Delhi," it said, "is facing a situation of large-scale unauthorised development due to a variety of socio-economic factors. Parliament vide the impugned legislation has recognised the fact that the relevant norms and policies are required to be reviewed on the basis of studies/surveys for which purpose the Act provides one year's time during which no punitive action shall be taken against certain categories of unauthorised development."

There was no mala fide intention in enacting the law and it was enacted in public interest, it contended.

Any stay of operation of the Act would cause irreparable loss and hardship to the citizens, the Centre argued, seeking dismissal of the petitions as well as the stay applications. The matter will come up for further hearing on July 31.

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