SC puts moratorium against demolition

New Delhi, May 23 (UNI) In a temporary relief to Delhi traders, the SC today refused to stay the operation of Delhi Laws (Special Provisions) Act, 2006 putting one year's moratorium against demolition of unauthoriszed construction and ceiling of commercial establishments operating from residential areas.

A vacation bench comprising Mr Justice Arijit Pasayat and Mr Justice RV Raveendran however issued notices to the respondents including the Centre and Municipal Corporation of Delhi (MCD).

The notices were issued on a PIL filed by Citizen's Voice, an NGO, and Delhi Residents' Welfare Association Joint Front.

The court directed that the matter be listed for hearing on July 17 before the bench already hearing the case related to the demolition and ceiling of unauthorised constructions in Delhi.

The court also recorded the statement of the petitioners' counsel that he would move an appropriate application by tomorrow to rectify the defect with regard to the challenge to the bill which has now become an act after having been notified.

Earlier, the court wanted to know whether the legislature was competent to undo the judgement of a court while clarifying that in the present case the impugned Act has been enacted only to upset the interlocutory order.

Earlier, the petitioners' counsel Jasbir Malik and R L Panjwani pleaded that the impugned Act was an attempt by parliamentarians to defeat the order passed by the Supreme Court and Delhi High Court for removal of illegal construction made by ''builders mafia in collusion with MCD officials.'' The counsel pleaded for an order of status quo on the grounds that impugned Act will benefit the violators and offenders of law at the cost of law abiding citizens.

The petitioners also contended that the present law which protected the illegal construction made upto January 1, 2006 for a year was contrary to the provisions of MCD Act.

The petitioners said that the apex court had the power to make judicial review of any law made by parliament in violation of the provisions of Constitition of India and argued that the present Act was a flagrant violation of Art. 14 of the Constitution as it potected the violators of law who broke the law upto January 1, 2006 but made the offenders of law after that date liable for prosecution.

The petitioners have also pleaded that the demolition of jhuggis and slums, which were clear encroachment on public land, have also been put in abeyance for a year.

The petitioners also asked how an act which is illegal or unauthorised can be given the protection of law.

The Act has been enacted by the Central government to amend Delhi Master Plan to regularise unauthorised constructions in the city as well as to permit the mixed land use for continuation of commercial establishments operationg from residential areas, The MCD has already stopped demolition and sealing drivein Delhi and the process of desealing the premises sealed under the SC order has started from today itself.

UNI AKS/SC SHR JN HT1728