NEW DELHI: The Supreme Court's decision on staying provisions of the Delhi Laws (Special Provisions) Act 2006 means curtains for banquet halls and blatant commercial activity in residential areas of the Capital. However, the Court seems to have gone along with the July 21 notification of the Union Urban Development Ministry notifying recommendations of the Tejinder Khanna Committee report on mixed land use.

According to the Apex Court's new directions, relief under Section 3 of the Act shall stand withdrawn in respect of operation of banquet halls in residential areas, any trade or activity in residential areas, involving any kind of obnoxious, hazardous, inflammable, non-compatible and polluting substance or process. The Court has allowed retail shops on floors other than ground floor except on streets of 24 metres or more and where it was permissible as per Master Plan for Delhi-1962. Retail shops of building materials, firewood, coal and any fire hazardous and other bulky material; repair shops of automobiles and cycle rickshaw, tyre resoling and re-treading and battery charging; storage, godown and warehousing, junk shop; liquor shop; and printing, dyeing and varnishing will not be allowed.

Similarly professional activity carried out by professionals other than architects, chartered accounts, doctors and lawyers, in excess of 50 per cent permissible coverage in residential premises and by anyone who is not a resident in such premises will not be permissible.

Banks and nursing homes operating on plots of less than 200 square metres in case of residential plotted development and more than 1,000 square metres, except those operating on Master Plan and Zonal Plan roads, will not be allowed. Guest houses operating on plots of less than 200 square metres in the case of residential plotted development and more than 1,000 square metres, except those operating in special areas or on Master Plan and Zonal Plan roads will not be allowed. Retail shops of finished marble products, not undertaking cutting and polishing activities and repair shops and workshops in case of automobile and cycle rickshaws would be permissible on plots abutting mixed use streets of Right of Way of 30 metres or more.

In addition, withdrawal of relief provided by the Act is also proposed in respect of following unauthorised development -- any construction that is over 15 metres in height in residential plotted development and regularised colonies and any construction beyond ground plus three floors in residential plotted development and regularised colonies.

Printer friendly page  
Send this article to Friends by E-Mail