Sealing: SC says regular-bench to consider inaction allegations by civic-bodies
The Supreme Court today left it to its bench, which is already seized with the contentious issue of sealing of unauthorized constructions in Delhi, to consider the allegations of inaction by civic bodies in going ahead with the sealing drive. A vacation bench comprising justices UU Lalit and Deepak Gupta said that reports filed in this regard should be considered by the regular bench.
SDMC refused to carry out the sealing drive
In its two reports, the monitoring committee has claimed that civic agencies, including the South Delhi Municipal Corporation (SDMC), have refused to carry out the sealing drive on the grounds that amendments in the Master Plan of Delhi-2021 were not finalized yet. It added that the issue of notifying mixed-land use along 351 roads was pending in the apex court.
Mixed-land case was headed by Justice Madan B Lokur
Justice Lalit also observed that the Delhi Government's application on the issue relating to notifying mixed-land use along 351 roads in Delhi was under consideration of a bench headed by Justice Madan B Lokur that had posted it for hearing on July 11. The move of notifying mixed-land use along 351 roads is intended to avoid sealing drive against commercial establishments along these roads.
'Why should we change the course?' asks SC
"Why should we, at this juncture, hear this?," the SC bench said, adding, "The application (by Delhi government) was not rejected outright (by the court) then why we should change the course?"
Court had sought reply from monitoring committee
The bench also said that on May 15 this year, the court had sought a reply from the monitoring committee on the application filed by the Delhi Government and had posted the matter for hearing on July 11. "If that bench had granted you time (to respond), this means that they must have something in mind," the bench said.
Govt stopped sealing order until amendments' finalization
At the outset, senior advocate Ranjit Kumar, assisting the court as amicus curiae in the sealing matter, referred to the May-15 order which had said that the committee would continue with its duties and responsibilities. He then said the officials refused to carry out the sealing saying the government has instructed them not to proceed till amendments in Master Plan of Delhi-2021 were finalized.
What is Master Plan of Delhi-2021?
Master Plan of Delhi-2021 is a blueprint for urban-planning and expansion in the metropolis to ensure overall development and the proposed amendments are aimed at bringing a uniform floor area ratio (FAR) for shop-cum-residential plots and complexes on par with residential plots.
Court had rejected plea for public suggestions on amendments
The court had on May 24 rejected the Centre's plea seeking modification of its order in which Delhi Development Authority was asked to invite suggestions from the public on amending the Master Plan of Delhi-2021. The SC had on May 15 accepted the DDA's action plan in which it had listed steps including launching of an interactive website to register public-grievances regarding illegal constructions.
Dadagiri must stop: SC
Earlier, the court had on March 6 stayed any "further progress" in amending the Master Plan of Delhi-2021 to protect unauthorized construction from the ongoing sealing drive, sternly observing that this "dadagiri" (bullying tactics) must stop.
