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Apex court moved on regularisation

J. Venkatesan

Municipal Corporation of Delhi seeks quashing of High Court order on deadline

NEW DELHI: The Municipal Corporation of Delhi on Thursday filed a special leave petition (SLP) in the Supreme Court seeking to quash a Delhi High Court order directing regularisation by May 31 of unauthorised constructions that conform to the Master Plan for Delhi (MPD)-2021.

The SLP came up for hearing before the Vacation Bench of Justice Arijit Pasayat and Justice B.P. Singh but the Bench adjourned the hearing to June 18 without passing any order.

On December 22, 2006, the MCD issued a notification under which it formulated a self-assessment policy for regularisation of unauthorised constructions on payment of compounding fees without fixing any time limit. This scheme was aimed at relaxing the ground coverage and FAR (Floor-Area Ratio) in respect of residential constructions. However, the Delhi High Court fixed May 31 as the deadline for regularisation and also ordered that the applicants must give an undertaking that they would demolish all unauthorised constructions that are non-compoundable.

On an application from the MCD, the Supreme Court had modified the High Court order and directed that the applications be accepted without the stipulated undertaking. Subsequently the Union Urban Development Ministry notified the MPD-2021 on February 7, under which it approved the MCD's regularisation process but did not fix any specific period for completion of the scheme. It was provided in the Master Plan that the scheme would be subjected to certain compounding charges and penalty rates, which would be notified from time to time, and the amount thus collected would be deposited in an escrow account for developing parking lots in the city.

After notifying the Master Plan, the MCD moved the High Court for removing the May 31 deadline, but the High Court directed the MCD to approach the Supreme Court, which was seized of the sealing drive in the Capital.

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