HC order nullifying Sec 17 (2) rules, norms comes into force
The high court judgment striking down the controversial rules and guidelines under Section 17(2) of the TCP Act in 'public interest' became effective after the expiry of six weeks from the date of the verdict on March 13.
'The court will now scrutinise individual cases, and if the conversion is contrary to the regional plan and the outline development plan, the conversion will be struck down,' advocate general Devidas Pangam told
TOI
.
Referring to the recovery of conversion fees, Pangam said that in individual cases, if the court finds the land was converted without merit, the conversion would be set aside.
With govt keeping its word of not approaching Supreme Court in the matter, all eyes are now on its next move. The affected land developers are hoping for some relief from the TCP department within the framework of the TCP Act.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
[Click Here] - 2025 Top Trending Search - Local network access
Esseps
Learn More
Undo
However, the greens are firm on fighting another legal battle to protect the environment.
Claude Alvares, the director of Goa Foundation and the petitioner, said, 'We assume that the judgment is final. The matter has been listed for hearing in June. All the individual cases will be heard by the court.'
Alvares added, 'We have filed a caveat in the Supreme Court. Had any special leave petition been filed in the court, we would have received a notice. As no notice has been received, we assume the HC judgment is final.'
After the judgment was delivered on March 13, govt sought a stay on the operation of the judgment for six weeks, which was accepted by the court.
'Almost all the conversions are from paddy fields, natural cover, no-development zone, and orchard to settlement zones,' the HC said, adding that according to the state, 353 approvals under Section 17(2) have been granted, which affect 26.5 lakh sqm.
'The 2023 rules confer unfettered and unguided authority on the executive to interpret what is meant by an inadvertent error or what is an inconsistent/incoherent zoning proposal,' the HC said. 'There is no guidance in the 2023 rules themselves as to what is an 'inadvertent error or incoherent or inconsistent zoning proposal'. The power is open-ended.'
Such 'plot-by-plot conversion, creating a zone within a zone virtually has the effect of mutilating the Regional Plan prepared after such an elaborate exercise,' the high court had said.
While the affected parties have the scope to approach the apex court to seek relief, they are not betting on this because govt made a volte-face on challenging the verdict in the Supreme Court due to public pressure.
Two days after the HC struck down the rules and guidelines, TCP minister Vishwajit Rane said that govt will tweak the rules and guidelines in line with the HC directions and make Section 17(2) operational.
Rane made a U-turn over his statement to challenge the HC order in the Supreme Court and said that he will not do so.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
25 minutes ago
- Hindustan Times
Residents welcome new ELV order as a ‘reasonable' move
Owners of so-called End-of-Life Vehicles (ELVs) vehicles in the Capital won temporary reprieve on Tuesday, as the Supreme Court barred coercive measures against them, pausing a decade-old policy that deregisters cars and two-wheelers solely by age. Petitioners argued the ban lacked clarity, especially for vehicles with valid fitness certificates. (HT Archive) The interim order applies to ELVs – diesel vehicles over 10 years old and petrol vehicles over 15 years old – that were declared 'unfit' for Delhi roads under a 2014 National Green Tribunal (NGT) order, which was later reinforced by the apex court. The Delhi government has deregistered more than 6.5 million such vehicles. But for now, owners may keep their vehicles without fear of towing or forced scrapping, pending further hearings. 'The apex court's order today, although only an interim order against coercive steps with regards to such vehicles, is a welcome deviation from the very unreasonable approach… In these 10 years, thousands of people, including myself and several of my clients, had their cherished cars seized and scrapped forcefully, without there being any scientific backing behind the decision. I hope, moving forward, a more reasoned approach will be taken towards vehicular pollution,' said Nikhil Jain, an ELV owner and lawyer. Current ELV rules allow only three options for the owner of such vehicles: transfer vehicles to specified districts outside NCR where they can be used, scrap them, or store them off-road at a privately owned parking spot. Petitioners argued the ban lacked clarity, especially for vehicles with valid fitness certificates. 'There needs to be standard procedures and clarity… most people don't just buy a car every other year,' said advocate Charu Mathur, representing two of the petitioners, Naga Lakshmi and Arun Kumar, whose cars were taken for scrapping. Many welcomed the court's move as a shift from blanket bans to emission-based checks. Mechanic and vintage car restorer Kalim Khan, whose family's 1948 Humber Hawk II was seized two years ago, said well-maintained vehicles can run cleanly. He alleged irregularities in the scrapping drive, with cars towed at dawn without receipts or compensation. 'It is not as simple as just stop using old cars. There is a whole economy that revolves around upkeep of vehicles too. There are mechanics, painters, electricians and drycleaners,' he said. Deepak Kumar, another ELV owner, urged permanent removal of the age ban, replaced by annual or biennial emission tests. 'Most developed countries have such rules,' he said. The Delhi government's transport department has in recent years towed ELVs for scrapping, while the Commission for Air Quality Management (CAQM) in July ordered fuel stations to deny fuel to them. The Delhi government later sought withdrawal of that order, saying it needed more clarity, and filed a plea to review the 2018 blanket ban. Delhi chief minister lauded the apex court for accepting the Delhi government's petition. 'Through a review petition, we had requested that vehicle evaluation be based not only on their age but also on their mileage and emission levels, so that only the vehicles that actually cause pollution are identified and acted upon…. This decision strengthens our resolve to maintain a balance between environmental protection and public convenience,' she said. Environment minister Manjinder Sirsa called Tuesday's ruling 'much-needed relief' for millions of vehicle owners. 'While we remain committed to cleaning Delhi's air, we will also ensure that the rights of our citizens are safeguarded,' he said. CAQM did not respond to queries. In a recent RTI reply, it admitted it had not conducted independent studies on pollution from diesel vehicles over 10 years old and petrol vehicles over 15 years old. Policy experts said the ban's intent was to enforce court orders protecting public health, but better enforcement tools exist. 'While age-based rules are a starting point, the real solution lies in identifying high emitters through real-world monitoring and acting on actual emissions data,' said Amit Bhatt, managing director (India) at the International Council on Clean Transportation. 'For lasting progress, Delhi and other NCR states must transition to zero tailpipe emission vehicles -- the only truly cleaner path forward.'
Hindustan Times
25 minutes ago
- Hindustan Times
SC stray dog order spotlights poor pet registration in Delhi
The Supreme Court's recent directive to relocate stray dogs in Delhi-NCR has put the spotlight on another long-standing problem — the capital's dismal pet dog registration rate. Despite it being mandatory under Section 399 of the Delhi Municipal Corporation (MCD) Act, only 5,767 pet dogs are registered in the city, with 381 applications pending, according to MCD data. The Supreme Court ruling on Monday had outright rejected the idea of stray dogs being adopted. It focused solely on relocation of community dogs and made no specific directive on pet dog registration. (AFP/Representational image) Officials warn that this gap leaves a dangerous grey area between pets and strays, opening the door to disputes and misuse of the complaint system. 'Registration and the token serve as proof of ownership. With the recent SC judgment, we expect a surge in applications, especially for adopted indigenous breeds,' said a senior MCD official. Non-registration can attract fines and prosecution under provisions of the Bharatiya Nyaya Sanhita dealing with negligent behaviour with respect to animals. The Act also allows detention of unregistered dogs found in public places, a step veterinary officials say is rarely enforced. Experts warn that poor compliance risks deepening confusion and triggering disputes. Gauri Maulekhi, activist and trustee at People for Animals (PFA), said the lack of registration creates a grey area between pets and community dogs. 'Some people collar strays, keep them indoors for long periods, or adopt indies as full-fledged pets. If neither strays nor pets are tagged, it's bound to cause confusion,' she said, adding that this could even pit neighbours against each other. 'A neighbour might report my dog as a stray, or conversely, collar a stray and claim it's a long-time pet.' The Supreme Court ruling on Monday had outright rejected the idea of stray dogs being adopted. It focused solely on relocation of community dogs and made no specific directive on pet dog registration. Asher Jesudoss, whose 2022 plea in the Delhi high court led to the creation of the Delhi Animal Welfare Board, said that since very few dogs are registered in Delhi, one can find it difficult to differentiate between pets and strays. 'As the name suggests, community dogs are those that belong to the entire community. But nothing stops an individual from collaring the stray and taking it indoors and keeping it as a pet. As per our rules, all breeds and dogs need to be registered. MCD needs to register all pets as proving ownership otherwise becomes tricky,' he said. Pet registration can be done online, with a uniform ₹500 fee. A veterinary official said actual registrations are far below the real number of pets. 'We issue a brass token for the dog's collar, which also lets us track vaccination status,' the official added.
Indian Express
25 minutes ago
- Indian Express
Supreme Court's stray dog order: Amicus report flagged ‘fundamental right' to move freely without fear of dog bite or assault
Underlining the fundamental right of a human being to move freely without the fear of a dog bite or assault, the Supreme Court-appointed amicus curiae had recommended relocating stray dogs to shelters and not releasing them back on the streets. In his recommendations to the court before Monday's order, Senior Advocate Gaurav Agarwal, the amicus in the case, said: 'Putting the dog back on the street, where there is grave harm to us, is a direct violation of our fundamental rights to move freely without the fear of a dog bite/ assault.' On Monday, the court directed the authorities in Delhi-NCR to relocate all stray dogs to dedicated dog shelters, underlining that they should not be released back on the streets. 'The 2023 Rules somehow seems to suggest that the fundamental rights of stray dogs to roam around in the street(s), attack human beings and create public nuisance is at a higher pedestal than the fundamental rights of human beings,' the amicus report said. The 2023 Animal Birth Control (ABC) Rules deal with the management of stray dog and cat population. The Rules reclassified them as 'community animals', included provisions for community animal feeding and specified that stray dogs cannot be displaced from their regular place of habitation. While the ABC Rules mandate that stray dogs be brought back to their habitat after sterilisation, the amicus report said there is 'absolutely no material to suggest that the sterilisation would eliminate the chance of the dog biting.' 'In almost all developed countries, there are no stray dogs on the streets,' the report said. 'There cannot be any quarrel with the proposition that our streets/ public places should be free from stray dogs,' it added. Citing rising dog bite data, the report said: 'The presence of stray dogs on our streets/ public places like airports, railway stations is a direct infringement of our fundamental rights under Articles 19(1)(d) & 21 (right to move freely and the right to life respectively) of the Constitution of India.' Citing government data, it said that in 2024, there were 37,15,713 reported dog bites across the country and 25,201 dog bites in Delhi. According to the report, Delhi had 3,196 cases of dog bites in January alone. 'If figures of January 2025 are any indication, the cases of dog bites have increased by 50%,' the report said. The report suggested that the Court could issue directives to municipal authorities in Delhi to 'begin by creating dog shelter(s) for say 5,000 dogs in the next 6-8 weeks.' It also recommended that stray dogs captured would be detained in shelters and 'would not be released on the streets/ public spaces under any circumstance.' The amicus also recommended that stray dogs captured may be put up for adoption to individuals through animal welfare organisations.
