New Delhi, Feb 22 (UNI) Intensifying its protests over demolition of unauthorised structures in the Lal Dora area, the BJP today demanded the restoration of the 1963 notification which ''clearly stipulates that building bye-laws are not applicable in the Lal Dora villages'' so as to save properties from demolition.
''Under Section 507 of the Delhi Municipal Act, MCD, with the appproval of the Central Government, can announce that rural areas and parts thereof can be exempted from the various provisions of DMC Act if deemed in public interest. As per the provision, the MCD, vide a resolution dated July 21, 1959, exempted rural areas and its parts from building bye-laws. On the basis of the resolution, a notification was issued in the Gazette notification in the year 1963,'' Leader of the Opposition in the standing Committee Vijendra Gupta told reporters here.
Mr Gupta alleged that the MCD, however, decided to withdraw the 1963 notification after the Delhi High Court, in a matter of Dr B L Vadhera v/s Delhi Government and others, directed the MCD to reconsider it. Hence, the MCD commissioner, in a circular dated December 30, 2004, stated that after August, 2004, building bye-laws be enforced in the Lal Dora area and action should be taken on those buildings which were constructed after August 23, 2004.
Mr Gupta alleged that the commisioner, later by an order dtd September 23, 2005, withdrew the above circular and again circulated that the building bye-laws be considered enforceable from 1963, ie, the date of the first notification.
''This is unjustified and against the principles of natural justice since, acting in good faith, villagers have constructed buildings to earn their livelihood. It is irrational and unconstitutional to describe such constrcutions as illegal after 42 years,''Mr Gupta said.
Mr Gupta said he would put up for consideration in the next meeting of the Standing committee a resolution in which it is recommended that under Section 507 of the DMC Act, the Lal Dora areas should be kept out of the purview of building bye-laws.
''We want that the process of denotification of the said notification be stopped immediately and it be restored. This would grant exemption to various buildings facing threat of demolition on one hand and, on the other hand, save villagers from atrocities,'' Mr Gupta said.
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