Alterations in buildings subject to validity of MPD 2021: SC

The Supreme Court has said that any alteration in the building plans by property owners, claiming relief under the latest amendments, will be subject to the outcome of a matter related to the validity of the Master Plan for Delhi 2021. The apex court said though the monitoring committee appointed by it can examine the affidavits of the property owners, the latter will be carrying out the changes at their own risk as the very validity of the MPD-2021 is being considered by the court. A Bench headed by Justice Arijit Pasayat made the remarks during the brief hearing of an application moved by an NGO, Delhi Pradesh Council, which complained that the DDA had on 12th August issued a notification carrying out 37 amendments despite the very validity of the Master Plan being under the court's scrutiny. Senior advocate Ranjit Kumar, who is assisting the court as amicus curiae in the matter, pointed out that the civic authorities were giving provisional certificate for regularisation of the property in 1,500 unauthorised colonies in the capital and it should be clarified that they have to be made subject to the final outcome of the petition pending in the court. The Bench said issuing of provisional certificates would definitely be subject to the outcome of its verdict. The court was told that the unauthorised colonies cannot be regularised until the civic authorities provides basic amenities and infrastructural facilities. The Bench posted the matter for hearing on 3rd and 4th December. Kumar had complained that one of the controversial amendments made by the DDA to the MPD related to granting permission for carrying out commercial activities in the ground floor and basements of properties in the Capital. He complained that the amendments would not only aggravate the chaos in the Capital but were also a blatant defiance of the series of directions passed by the apex court which is examining the constitutional and legal validity of the MPD. It was also alleged that during the past few days the MCD had halted the sealing drive in the Capital. The high-powered panel appointed by the apex court on 9th July to find out the feasibility of decongesting the city has also expressed concern over the phenomenal growth in population without any corresponding development of infrastructure to meet the requirements of the MPD-2021. It has also reportedly made suggestions for de-congesting the Capital.

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