Notifications shall be subject to outcome of Petitions: SC

The Supreme Court made it clear to the Centre that all notifications being issued by the Union Government, DDA and Delhi Government from time to time to grant relief to traders, illegal constructions, encroachments and for regularisation of about 1500 unauthorised colonies in the National Capital shall be subject to the outcome of the petitions pending before this court. A bench comprising Justices Arijit Pasayat, C K Thakker and Lokeshwar Singh Panta issed notices to the Centre, DDA, Delhi Government and MCD on the petition filed by Delhi Pradesh Citizen’s counsel, an NGO, challenging the DDA notification dated June 16, 2008 on regularising unauthorised colonies in Delhi. According to the petitioner, the notification is an attempt to over reach the highest court of the land and is therefore illegal, unconstitutional and unjust. The petitioner also contended that DDA has no authority to issue a directive to Delhi Government to issue provisional regularisation certificates to the unauthorised colonies spread all over the metropolis and even the new master plan for Delhi (MPD 2021) does not mention anything on the resettlement of the unauthorised colonies. The petitioner also alleged that the new notification dated August 12, 2008 issued by Union Ministry of Urban Development is also guided and inspired by political consideration as Resident Welfare Associations (RWA’s) have not been consulted while issuing the notification. The apex court is already examining the validity of the MPD 2021 and has sought an explanation from the government on how the colonies can be regularised without providing basic infrastructure including water, electricity, roads, schools, hospitals and community centres.

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