Court Directs Immediate Action and Monitoring by DDA and MCD, Seeks Clarity on Legal Status of Unauthorized Colonies
In a significant ruling, the Delhi High Court has ordered the demolition of unauthorized constructions in Zone 'O', part of the Yamuna Flood Plains. The court, presided over by Justices Prathiba M. Singh and Manmeet Pritam Singh Arora, emphasized the impermissibility of residential activities in the ecologically sensitive area and directed the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to undertake immediate demolition of unauthorized structures.
The court's decision comes in response to the ambiguity surrounding the legal status of unauthorized colonies in Zone 'O', which are temporarily protected under the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011. This Act provides protection to unauthorized colonies until December 31, 2026, but does not confer ownership rights or allow new constructions.
The High Court directed the Ministry of Housing and Urban Affairs to clarify the legal status of these colonies and propose a detailed strategy for the rehabilitation of residents. The court expressed concern over the lack of clarity from the Ministry and demanded a fresh affidavit outlining the government's stance.
Additionally, the court highlighted the need for accountability among MCD engineers, instructing the MCD to submit a status report on actions taken against engineers involved in unauthorized constructions. The court also called for a meeting among officials from the Ministry of Urban Affairs, MCD, and DDA to discuss further actions to prevent unauthorized construction and ensure compliance with the court's orders.
The Delhi High Court's ruling underscores the importance of preserving the Yamuna Flood Plains and addressing the issue of unauthorized constructions in ecologically sensitive zones.
Bottom line:-
The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011 provides temporary protection to unauthorized colonies in Zone 'O' until 31st December, 2026, but does not confer ownership rights or allow fresh construction.
Statutory provision(s): National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011, Sections 3(2)(ii)
Vijay Kumar Diwakar v. South Delhi Municipal Corporation, (Delhi)(DB) : Law Finder Doc id # 2907128
