SC partly stays Delhi laws (special provisions) Act

New Delhi, Aug 10 (UNI) The Supreme Court today partly stayed the operation of the controversial Delhi laws (special provisions) Act, 2006 putting one year's moratorium against removal of unauthorised constructions as well the sealing of commercial premises operating from residensial areas in violation of Delhi master plan 1962.

The court directed that 5006 commercial premises which were sealed pursuant to the orders of this court dated February 6, 2006 shall have to be resealed if they failed to stop the misusers on their own by September 15,2006.

A Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K.

Thakker and Justice P.K. Balasubramanyan also directed that 40814 people who had filed an affidavit of undertaking in the court that they will stop the misusers by June 30, 2006 shall have to comply with the undertaking given to the court latest by September 15, 2006.

The court also directed the monitoring commitee to examine the cases of those similarly placed establishments who did not file affidavits and place its report before the court by September 16,2006 so that appropriate directions may also be issued against them for stopping the misusers.

The court however, declined to grant complete stay against the operations of the impugned act and the notification dated May 20, 2006.

The court held that it agreed with the contention of the counsel for one of the petitioners that the impugned act was an act overruling, overriding , nullifying and disobeying the orders of this court.

The court also held particularly DDA responsible for the present mess that has been created in the city. The master plan 1962 envisaged 75 district centres in Delhi against which only 9 have come up . Out of 300 community centers only 35 such centres have been constructed. Likewise only 135 local shopping centres as against 1250 have been established and against the provision of 3000 convenient shopping centres only 435 have come up till date.

The court also took note of the contention of former Lt Governor of Delhi P.K.Dave that the notification of May 20, 2006 issued by union urban development ministry under section 3 and 5 of the act directed in effect the local authorities to deseal the premises which have been sealed under directions by the court. Subsequently those who gave undertakings may continue with unauthorised misusers beyond June 30,2006 in the notification dated May 20, 2006.

It said no law can permit or ask the authorities under the statute to disobey or disregard orders of a court and the aforesaid directions have only the effect of overruling the directions of the court and the parties to act contrary to the directions of the court.

The court, however, refused to consider the issue of removal of slum dwellers, jhuggi- jhopri clusters and squatters in the city as this stage.

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