SC pulls up Centre on bringing ordinances to protect Delhi's unauthorised colonies

New Delhi, July 26 The Supreme Court on Tuesday said those premises which were earlier sealed in the capital for illegal constructions should be de-sealed, if such constructions have been rectified, under the existing changed law.

A bench of Justices S.K. Kaul and M.M. Sundresh also pulled up the Centre for bringing ordinances to protect illegalities, which include the unauthorised colonies, and asked it to look after the entire city, rather than concentrating only central Delhi's re-development.

It pointed out that due to non-enforcement of law, a large number of illegal and unauthorised constructions have propped up across the city, and the current scenario requires both the court and authorities concerned to adopt a realistic approach.

The bench said the authorities concerned should explore the possibility to bring the illegal structure within the norms, and then it could be regularised with penalty. The bench noted that those premises which were earlier sealed in the capital for illegal constructions should be de-sealed, if such constructions are rectified, under the existing changed law.

The top court made these observations while hearing matters connected with the validity of the Delhi masterplan 2021.

Senior advocate A D N Rao, amicus curiae in the matter, said: "The government should look after the entire Delhi, rather than concentrating on the re-development of the central Delhi."

The top court was also assisted by senior advocate Sanjiv Sen, representing the municipal corporation, while dealing with issues regarding the masterplan.

In May, the top court had said that Delhi had witnessed a planning disaster over the years, as it criticised how single plot houses have been converted into multi-storeyed buildings with authorities looking the other way to such illegalities. The top court was dealing with applications filed in the MC Mehta case dealing with sealing of properties misused for commercial purposes.

The top court had then emphasized that continued monitoring is essential as there is a tendency to repeat illegal constructions, otherwise the authorities look the other way.