Sc Notice to Centre in Illegal Structures Case
August 25, 2006
The Supreme Court today issued notices to the Centre, DDA, Delhi Government, MCD, NDMC and Union Urban Development Ministry on a petition seeking transfer of a writ petition pending in Delhi High Court to the apex court challenging the power of Parliament to enact Delhi Laws (special provisions) Act, 2006, suspending for one year action against unauthorised constructions in the national capital.
The petition, filed by Society for Safe Structures, has challenged the power of the Parliament in view of the 74th Constitutional Amendment after which the Central Government has lost the authority to intervene in matters such as of urban planning, town planning, regulation of land use and construction of buildings.
The 74th amendment has given a larger say to the local bodies and declared them constitutional bodies, which include MCD, NDMC and Cantonment Board.
The petitioner has also pleaded that as per the orders of this court, all buildings constructed without implementing the safety measures in case of earthquake and other natural calamities are non-permissible.
According to the petitioner, since the question of the law involved in the petitions already pending in the Supreme Court, and the one filed by the petitioner in the High Court is substantially the same, it will be in the interest of justice to hear and decide all the petitions together.
The petitioner also pleaded that the impugned act was harsh on law-abiding citizens and has given a free hand to land grabbers and influential persons to indulge in illegal constructions without any fear of the law.
The petitioner also prayed to the court to direct the respondents to set up a committee for metropolitan planning for NCT of Delhi in accordance with article 243 ZE of the Constitution.
The Government has already announced that it will bring in a new master plan before September 15 to protect the commercial premises operating from residential areas in the city from being resealed.
Gita Dewan Verma <[email protected]> wrote: --- Vinay Baindur wrote:
VIJAYAWADA: The civic authorities have started the
process of clearing the
river bunds of illegal encroachments
The administration has drawn up plans to
rehabilitate them in pucca houses
under the Jawarharlal Nehru National Urban Renewal
Mission. Land acquisition
process in two upland villages of the district has
already been initiated.
10 years ago people in riverfront slums in vijaywada
had got door-numbers. precious security-of-tenure
tripe that the housing rights discourse had thrown up
for the DfID projects to grow into national slum
policy. Vijaywada had a DfID city-wide slum project.
the door-numbers were on small furniture that could be
salvaged when the floods washed away the homes with
Hyderabad, Vizag, Cuttack, Kochi, Kolkatta all had
DfID city-wide ngo-mediated community-participatory
slum projects with slum development on waterfronts
(and on fragile hill slopes, in low-lying areas, under
high-tension lines, next to railway lines). indore
also had a DfID city-wide slum project. its riverfront
slum development was civic disaster and had taken
lives, including of small children. but it was
expensively dressed up as best-practice technical
model to go out and whore in style.
Other cities got picked up without city-wide
slum-project investments, with just crumbs for ngos
and experts. (notice how, at the bollywood-do about
pushta, kt ravindran rooted for national slum policy
and kiran bedi lamented the loss of the riverfront
slum development works done by ngos like hers).
the erstwhile undevelopable sites, unlocked for
development by humane slum development, are now ripe
for bigger profiting and on the hot air of inclusivity
tripe are already afloat tehkhand-style
pilot-projects, dharavi-style mega-projects, etc (with
plenty more for the cmnty-participatory ngo-experts to
mediate in those). and fresh land acquisitions for
housing for the poor under jnurm have also begun, says
the vijaywada report.
the two-in-one mission is mop-up.
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