Court : Delhi
..... the petitioners are unauthorized encroachers over the government land and are not protected under the regulations as mentioned above as well as the national capital territory of delhi laws (special provisions act) 2011 as mentioned above. ..... enforcement to be kept in abeyance xxxx xxxx xxxx xxxx (2) subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo(i) as on the 1st day of january, 2006 in respect of encroachment or unauthorised development; (ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its ..... as under:pursuant to the issue of the revised guidelines 2007 for the regularization of unauthorized colonies in delhi by the ministry of urban development department on 05.10.2007 and the notification of the regulations for regularization of unauthorized colonies in delhi dated 24.03.2008 by the delhi development authority under section 57 of the delhi development act, 1957, with the previous approval of the central government, the government of nct of delhi (gnctd) had invited applications from the residents societies of the unauthorized colonies in the format prescribed .....
Tag this Judgment!Court : Delhi
..... we may extract the provisions of section 3 of the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011), which read thus : to be kept in abeyance. ..... in exercise of the powers under section 57 of the delhi development act, 1957, the delhi development authority with approval of the central government has notified regulations for regularization of unauthorized colonies in delhi on the 27th of march 2008 for ..... there is also a resulting misconception about the need of prior approval of the central government, as required by section 2 of the act, in respect of certain activities in the forest area which are more often ..... the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing- (i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for ..... enforcement (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines, strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi- .....
Tag this Judgment!Court : Delhi
..... we may extract the provisions of section 3 of the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011), which read thus : to be kept in abeyance. ..... in exercise of the powers under section 57 of the delhi development act, 1957, the delhi development authority with approval of the central government has notified regulations for regularization of unauthorized colonies in delhi on the 27th of march 2008 for ..... there is also a resulting misconception about the need of prior approval of the central government, as required by section 2 of the act, in respect of certain activities in the forest area which are more often ..... the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing- (i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved; (ii) that any forest land or any portion thereof may be used for ..... enforcement (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines, strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi- .....
Tag this Judgment!Court : Delhi
..... this court observes that the interpretation given by the trial court to the provision of section 3 of the national capital territory of delhi laws (special provisions) second act 2011 is not the correct interpretation and this aspect has been dealt with by this court extensively in its judgment dated 05.02.2018 titled as baba balbir singh v. ..... enforcement to be kept in abeyance. ..... , if it is constructed prior to the dates specified for different (a) areas as enumerated in sub-section (2); (b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the central government; and (c) it complies with the directions with respect to safety, if any, issued by the central government: provided that in case punitive action is required to be taken by any local authority, prior approval of the administrator of the national capital territory of delhi or the officer authorized by him in this behalf, shall be obtained by the authority .....
Tag this Judgment!Court : Delhi
..... as already noticed, as regards who is eligible for rehabilitation or relocation, the 2015 policy states that jj bastis that had come up before 1st january 2006 shall not be removed in terms of the national capital territory of delhi laws (special provisions) act 2011. ..... union of india (2016) 14 scc353 specific to the said issue the following observations of the supreme court are relevant: (xiv) the interpretative dissection of article 239aa(3) (a) reveals that the parliament has the power to make laws for the national capital territory of delhi with respect to any matters enumerated in the state list and the concurrent w.p. ..... this would be the position even if the central government were to take the position that in terms of the explanation to section 10 (1) of the dusib act and the first proviso to section 10 (3) of the dusib act it will be up to the central government to proceed with the removal of the jhuggis if so required without dusib s consent. ..... nelson mandela, the then president of the african national congress, expressed his expectation of the role of the judiciary in the enforcement of socio-economic rights thus:20 we leave it to the judiciary to determine which rights are directly enforceable at the instance of individuals. ..... the difference between the need of an animal and a human being for shelter has to be kept in view. .....
Tag this Judgment!Court : Delhi
..... shall not come in the way of the petitioner filing a civil suit to establish its case that the land in question formed part of an unauthorized colony as on 31.3.2002 and, therefore, is entitled to the benefit of statutory protection under section 3 of the national capital territory of delhi laws (special provisions) act, 2011, so long as such protection is available to the unauthorised colonies. ..... filing a civil suit and establishing before a civil court, by leading evidence, that the land in question formed part of the unauthorized colony known as anandpur dham as on 31.3.2002 and, therefore, is entitled to statutory protection under the provisions of the national capital territory of delhi laws (special provisions) act, 2011.10. ..... the regulations for regularization of unauthorized colonies in delhi prepared and notified by dda with the previous approval of the central government to the extent they are relevant for the purpose of this petition read as under: 3. ..... (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalize norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, .....
Tag this Judgment!Court : Delhi
..... section 3 of the national capital territory of delhi laws (special provisions) second act, 2011 ..... india having considered the hardship being faced by the residents of unauthorized colonies in delhi has enacted a special legislation the national capital territory of delhi laws (special provisions) second act, 2011 where protection has been extended upto 31.12.2014.25. ..... payers and their descendents are already covered and safeguarded by the guidelines framed by the government of india in 1983, they are further protected by the national capital territory of delhi laws (special provisions) second act, 2011.5. ..... ) and their extensions, which existed on the 31st day of march, 2002 and where construction took place even beyond that date and up to the 8 th day of february, 2002, mentioned in sub-section (1); (iii) in respect of special areas as per the building regulations for special area, unauthorized regularized colonies and village abadi, 2010; and (iv) in respect of all other areas within the national capital territory of delhi as on the 8th day of february, 2007, shall be maintained.6. ..... (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalize norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and .....
Tag this Judgment!Court : Delhi
..... as per rule 99(2) of the rules, there is specific requirement that subject to provisions of section 86 of the act a cooperative housing society, which has been allotted land, before expelling a member shall give final opportunity by publishing the notice in the leading hindi and english newspaper in the national capital territory of delhi informing the affected member to be present in person or through the authorized representative before the ..... of such a member shall be deemed to have been approved: provided that the registrar, before approving the resolution, shall hear the parties concerned in the manner prescribed and shall have power to summon and enforce attendance of witnesses including the parties interested or any of them and compel them to give evidence on oath, affirmation or affidavit and to compel production of documents by the same means and as far ..... s proposal would then be taken up by the special registrar who would decide the application in accordance with law, after considering whether the amounts payable towards maintenance ..... section 27 reads: the where any central act or regulation made after commencement of this act authorizes or requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the ..... consumer disputes redressal forum vii with these grievances, which eventually dismissed the complaint by order dated 07.06.2011.4. .....
Tag this Judgment!Court : Delhi
..... the petitioners in rejoinder also rely on the national capital territory of delhi laws (special provisions) act, 2011 to contend that they are entitled to protection ..... found to have been again constructed; that sealing action was again taken on 27.08.2010 and the entire fourth floor sealed; that demolition action with respect to the fourth floor was also taken on 10.05.2011; that it was also found that the three properties namely properties nos.2679, 2680 and 2691 had been illegally amalgamated; (iv) with respect to the property no.2680, it is stated that unauthorized ..... they claim the following reliefs in this writ petition:- (a) writ in the nature of certiorari quashing the clause 3(x) of the building regulations for special area, unauthorized regularized colonies and village abadis, 2010 as notified on 17th january, 2011 to the extent the same permits the respondents to frame required redevelopment scheme at leisure; (b) writ in the nature of mandamus directing the respondents to forthwith frame and issue the redevelopment scheme in relation to ..... all the necessary ingredients to emerge as metropolitan city centre; that the re-development scheme prepared by the respondent mcd is yet to be notified by the respondent mcd and also requires the approval of the central government; that presently commercial activities are permitted only on streets which have been declared as commercial by the respondent mcd. 8. ..... bagh zone) under section 345-a read with section 347 of the d.m.c .....
Tag this Judgment!Court : Delhi
..... provisions of the national capital territory of delhi laws (special provisions) act, 2011 as amended in 2014, the proceedings under section 81 of the dlr act cannot be initiated is concerned, having seen the provisions of the act of 2011 (and of 2014), it is clear the same has been enacted for providing temporary relief and to minimize avoidable hardship and irreparable loss to the people of national capital territory of delhi against any action by the concerned agency in respect of persons covered by the policies as referred in the said act ..... matters page 5 of 17 others, vide registered sale deed dated march 07, 2013, duly registered before the sub- registrar, delhi after no-objection certificate from the office of adm (central), delhi after due verification of the records that the lands are being used for agricultural purposes only and it is not notified ..... have shown the nature/usage of the lands purchased, moreover, the stand of the respondents that the sale deeds were registered before the sub-registrar, delhi after the issuance of no objection certificate from the office of adm (central) after due verification of the record that the land is being used for agricultural purpose only surely suggest that on the date of the sale deeds ..... of the respondents that the sale deeds were registered after issuance of no objection certificate from the office of adm(central) delhi after due verification of the records that the land is being used for agricultural purposes only and it is not .....
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