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SC seeks govt response on protection of affluent illegal colonies in Delhi
The Supreme Court has issued notices to the Union Ministry of Housing and Urban Affairs, the Delhi government, the Delhi Development Authority (DDA), and the Municipal Corporation of Delhi (MCD), demanding explanations for the ongoing efforts to regularise high-end unauthorised colonies in the capital, according to a report by Bar and Bench.
The development arose during a hearing on Tuesday concerning the protection of illegal constructions in affluent neighbourhoods such as Sainik Farms, Anant Ram Dairy, Defence Services Enclave, Anupam Gardens, Freedom Fighters Enclave, Bhavani Kunj, Rajokri Enclave, and Shri Sai Kunj in Vasant Kunj. These localities are home to a host of influential individuals, including politicians, senior bureaucrats, business leaders, and retired military officers, making their regularisation a contentious and politically sensitive issue.
A Bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed all relevant authorities to submit affidavits within two months, justifying the legal and administrative basis for shielding illegal structures built by affluent sections of society.
The case stems from a petition by senior advocate and amicus curiae Anitha Shenoy, who raised concerns over the selective enforcement of regulations, particularly in elite colonies.
Slum vs upscale illegal colony demolition
During the hearing, the court expressed dismay at what it described as "repeated attempts to bypass demolition orders" through legislative or regulatory manoeuvres. While acknowledging that leniency towards slum dwellers may be warranted on humanitarian grounds, the Bench noted that affording similar protection to upscale illegal colonies seriously undermines the principles of urban planning and legal parity.
How many illegal structures are there in upscale Delhi colonies?
The MCD recently filed a status report pursuant to a Supreme Court order dated March 25 in the MC Mehta vs Union of India case. The court had then directed the civic body to disclose how many illegal constructions were protected under the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014, and to detail the application of the Pradhan Mantri – Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) scheme.
According to the affidavit submitted on April 24, the Shri Sai Kunj colony consists of 126 flats. Of these, only 10 are protected under the 2014 Act. Showcause notices have been issued to just 28 of the remaining 116 unauthorised flats, with the MCD stating that notices for the other 88 units were still being processed.
PM-UDAY scheme not for affluent colonies: SC
The court, however, took serious exception to the MCD's reliance on the PM-UDAY scheme to justify the protection of these flats. It noted that under Regulation 7 of the 2019 guidelines, affluent unauthorised colonies are expressly excluded from the benefits of the scheme. Shri Sai Kunj is explicitly listed as one such excluded colony, appearing as item number 43 in the official annexure. As such, the court stated that the scheme could not be used to confer any rights on its residents.
'MCD owes an explanation to the court as to how it could rely on the PM-UDAY Scheme when it is well aware that the colony falls under the affluent category,' the Bench said, directing the civic body to issue notices to all remaining illegal flats within a week under Sections 343 and 344 of the Delhi Municipal Corporation Act, which deal with unauthorised constructions and demolition orders.
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