Supreme Court stays amended Delhi master plan till next hearing

NEW DELHI: The Supreme Court bench led by justice MB Lokur on Friday ordered the South Delhi Municipal Corporation (SDMC) that the guidelines virtually implemented the amended Master Plan of Delhi that has been put on hold till the next hearing on the issue.

A bench of Justices M B Lokur and Deepak Gupta observed that the SDMC will not implement it and asked Additional Solicitor General ANS Nadkarni to advise the urban affairs ministry not to go ahead with the new regulations.

Senior advocate Ranjit Kumar assured the bench that, “The implementation has been stayed by the Supreme Court by its earlier orders and matter to come up for next hearing on August 28. They (SDMC) should be directed not to implement the plan until further hearing”. He also drew the judges’ attention to the matter dealing with sealing of unauthorised constructions in Delhi

Court asked for an answer from the municipal corporation’s counsel. Advocate Wasim Qadri said he had no instructions on the issue and was unable to reply. “Then we will stay the guidelines,” justice MB Lokur said.

On May 15, the apex court had stopped the Centre from notifying the amended Master Plan of Delhi-2021, while asking the Centre to consider the objections to the proposed amendments and then take a final call after considering all the aspects. The changes were made to relief shopkeepers and traders from the sealing drive carried out under the supervision of  SC appointed monitoring committee.

Green Park Market Association president Vijay Ishrani said that the traders are facing massive problems and authorities are not taking responsibility for the current disorder.” SC appointed body is acting as an ‘advisory’ committee. SC needs to appoint a monitoring committee “, He added. The civic authorities, who were supposed to check the land use violations for years, failed to perform their duties diligently. Now, attempt is being made to balance the situation in one go by sealing the illegal construction of all shopkeepers, which is unjustified.”

The Supreme Court is dealing with the issue of validity of Delhi Laws (Special Provisions) Act, 2006 and subsequent legislation which defend unauthorised constructions from being sealed.