Team  SoOLEGAL

SC in ongoing sealing case: There is complete breakdown of law and order in Delhi

Team SoOLEGAL 3 Apr 2018 2:47pm

SC in ongoing sealing case: There is complete breakdown of law and order in Delhi

New Delhi: In a stringent criticism of governance in Delhi, a SC bench of Justices Madan B Lokur and Deepak Gupta while listening to hearing in sealing case in Delhi, said  there is a “complete breakdown” of law and order in Delhi.It said courts order are being violated as  politicians and traders are staging protests and dharnas against the court-monitored ongoing sealing drive against unauthorised constructions in the city.

The court slammed the trend of everyone going on strike and Dharna.The court asked for assurance from the Govt counsel additional solicitor general A N S Nadkarni that people would not go on Dharna.

The Supreme Court held Centre responsible for mess as it has been  ‘blindly’ extending protection to illegal constructions in the capital since 2006 by passing laws on regular basis.It has not provided any plan to deal with the problem.

It will be pertinent to inform the reader that to circumvent SC ruling given in 2006,the entre had enacted Delhi Laws (Special Provisions) Act in 2006 to give protective cover for one year to illegal constructions and misuse of residential premises for commercial purposes in the city. Though this was for year only,the Centre kept on extending the deadline by  passing successive Acts and ordinances. The last such law was passed by Parliament in December to protect illegal constructions till 2020.The ASG while speaking for the government said the law was passed to give relief to poor people living in unauthorised colonies and govt had no intention to disrespect court ruling on sealing.

 

Refuting the allegations of senior advocates Ranjit Kumar and A D N Rao, who are assisting the court as amicus curiae, that the Master Plan was amended to benefit a small minority of population, Nadkarni told the bench that it was a well thought out decision and it was not done at the “whims and outcry of a small group of people holding the city to ransom”.

“A substantial portion of city population lives in slums/unauthorised colonies, therefore the government, being duty-bound to protect the poor, had to intervene on humanitarian grounds even as such inhabitants are encroaching on public or private land. It may be submitted that it was an emergent circumstance whereby people cannot be left to their fate as the unauthorised development that has happened was due to the failure of agencies to keep up with the growing demand. It is therefore imperative that the government frames policies for dealing with these unauthorised developments for inclusive development of all sections in Delhi” the Centre said in its affidavit.

“It is submitted that uprooting this large number of people living in unauthorised areas without making alternative arrangements for their housing or living would not only deprive them of the right to shelter but also the right to livelihood. Such a course of action would have also resulted in law and order situation and mass unrest,” it said.

The bench raised questions about such successive amendments and said such action seemed illegal on the face of it as a temporary statute could not be made permanent.It said the government when it had passed the law in 2006 had said it is passing the law as it needed time  to collect data on unauthorised constructions in Delhi but twelve years have gone, no such data is available or no survey has been done to collect data.

Tagged: SC   Centre   Unauthorised construction   Sealing  
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