New Delhi, Oct 8 (UNI) The Supreme Court today decided to examine the validity of the Ordinance promulgated by the Union government on September 15 to protect illegal construction, encroachments as well as commercial premises from sealing in Delhi.
A bench comprising Justices Arijit Pasayat, C K Thakker and Lokeshwar Singh Panta issued notices to the Union Urban Development Ministry and the MCD on a petition filed by the Delhi Pradesh Citizen's Council(DPCC).
The petition challenges the constitutional validity of the Ordinance, which suspends till December 31, 2008, sealing against slums, jhuggi-jhopri clusters, Sainik Farms, educational institutions, godowns, warehouses as well as against all illegal and unauthorised construction and encroachment in the national capital.
The apex court has directed the authorities to file their response by November 1 and the petitioner shall file their rejoinder by November 12. The petition shall be heard along with the main case on November 13, 14 and 15.
The Ordinance has also suspended sealing of commercial premises, including those operating from 1500 unauthorised and unregularised colonies spread all over the city.
The petitioner has alleged that the Ordinance was not only illegal and unconstitutional but was also an attempt to over reach the orders of the apex court.
According to the petitioner, the impugned Ordinance protects law breakers, builders, land grabbers and property dealers at the cost of law-abiding citizens of Delhi.
The apex court is also examining the validity of Master Plan Delhi, 2021.
The Ordinance was brought in following the directions of the Supreme Court that all commercial activities in 1500 unauthorised colonies shall stop within three weeks.