"What was illegal in previous Act, has become legal in new one (amended Act). Your (Centre) government is legalising what has been illegal," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva observed and added, "somebody should challenge it".
Government is legalising what has been illegal, Delhi High Court said on Thursday on the recent amendment to the National Capital Territory of Delhi Laws (Special Provisions) by which unauthorised constructions up to June 1, 2014 would be protected from punitive action. "What was illegal in previous Act, has become legal in new one (amended Act). Your (Centre) government is legalising what has been illegal," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva observed and added, "somebody should challenge it".
The bench also said if status quo has to be maintained with respect to such properties, then it also means no further unauthorised construction should take place. It, however, said it will interpret the amendment later.
The court was hearing an NGO's PIL against unauthorised constructions in Sainik Farms in south Delhi. The bench made the observations after the South Delhi Municipal Corporation (SDMC), represented by advocate Ajay Arora, informed the court that as per the amended law, all unauthorised constructions up to June one last year, are protected from punitive action.
Under the earlier law, unauthorised constructions up to February 8, 2007 were protected, SDMC said. The National Capital Territory of Delhi Laws (Special Provisions) Amendment Bill, 2014, passed by the Lok Sabha in December last year, extended the validity of the NCT of Delhi Laws (Special Provisions) Second Act, 2011 upto December 31, 2017 from December 31, 2014.
It has also protected from punitive action "unauthorised colonies, village abadi areas (including urban villages) and their extensions, as existed on the 31st day of March 2002, and where construction took place even beyond date and upto June 1, 2014", SDMC informed the court. The bench listed the matter for further hearing on March 25.
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