SC notice to Centre in illegal structures case

New Delhi, Aug 25 (UNI) The Supreme Court today issued notices to the Centre, DDA, Delhi Government, MCD, NDMC and Union Urban Development Ministry on a petition seeking transfer of a writ petition pending in Delhi High Court to the apex court challenging the power of Parliament to enact Delhi Laws (special provisions) Act, 2006, suspending for one year action against unauthorised constructions in the national capital.

The petition, filed by Society for Safe Structures, has challenged the power of the Parliament in view of the 74th Constitutional Amendment after which the Central Government has lost the authority to intervene in matters such as of urban planning, town planning, regulation of land use and construction of buildings.

The 74th amendment has given a larger say to the local bodies and declared them constitutional bodies, which include MCD, NDMC and Contontment Board.

The petitioner has also pleaded that as per the orders of this court, all buildings constructed without implementing the safety measures in case of earthquake and other natural calamities are non-permissible.

According to the petitioner, since the question of the law involved in the petitions already pending in the Supreme Court, and the one filed by the petitioner in the High Court is substantially the same, it will be in the interest of justice to hear and decide all the petitions together.

The petitioner also pleaded that the impugned act was harsh on law-abiding citizens and has given a free hand to land grabbers and influential persons to indulge in illegal constructions without any fear of the law.

The petitioner also prayed to the court to direct the respondents to set up a committee for metropolitan planning for NCT of Delhi in accordance with article 243 ZE of the Constitution.

The Government has already announced that it will bring in a new master plan before September 15 to protect the comercial premises operating from residential areas in the city from being resealed.

UNI AKS/SC SHB RS1644