SC to decide on Monday fate of Delhi Laws Act, 2006

New Delhi, July 29 (UNI) The Supreme Court will decide on Monday whether to stay the operation of Delhi Laws (Special Provisions) Act, 2006, which put a one-year moratorium on demolition and sealing of commercial premises operating from the Capital's residential areas.

In a rejoinder, on July 27, to the reply filed by the Centre to the Joint Front of Residents Welfare Association's petition challenging the constitutional validity of the impugned legislation, the petitioners said the impugned legislation was violative of the Constitution and encroachment in the domain of the judiciary.

The impugned legislation, which protected the violators of law, was not in public interest, the rejoinder contended.

A Division Bench, headed by the Chief Justice Y K Sabharwal, on the last date of hearing on July 17, had made it clear that the impugned Act was invalid and void and had also described the controversial legislation as a pure and simple attempt to override the court orders.

According to the petitioners, the Act has stayed the operation of MCD Act, Delhi Development Act and even the Master Plan 2001 which even Parliament cannot do without nullifying the Acts' operation.

According to the RWAs, the impugned law had encouraged the violators of law and unauthorised constructions in the city as they are back in full swing. Parlaiment cannot act as an appellate authority over the apex court by upsetting its orders and judgments.

The intentions of the government in bringing in the legislation in a tearing hurry shows and exposes its real intentions of protecting the builders, property dealers, the land mafia and land grabbers at the cost of law abiding citizens of the city which is already choked with population pressure, the rejoinder concluded.

The Union Urban Development Ministry in its reply to the petitions filed by Joint front of Resident Welfare Associations and a few NGOs defended its action, saying the Act was brought in on the basis of ground realities in the city and the Master Plan 2001 prepared in 1990 had become outdated in view of an influx of people into the city and new Master plan 2021 would take at least a year's time to materiliase.

The apex court had, however issued a stern warning to those who have not stopped misuse of the Act despite affidavits or undertakings filed in the court, saying the misuse should be stopped by June 30 this year.

The court had also made it clear that those not complying with the undertaking given to the top court were at their own peril and risk.

UNI AKS/SC RL ND2002