Court : Delhi
..... for regularization of unauthorized colonies in delhi and the encroachment already existing on public lands would be protected insofar as protection is available under section 3 of national capital territory of delhi laws (special provisions) second act, 2009.16. ..... of nct of delhi is that the cut-off date should be 31.12.1998, instead of plots only flats should be now allotted to eligible persons strictly on licence and non transferable basis, almost all the persons who were eligible for allotment of plots have been handed over such plots and in case any application was pending, the same would entitle the person only to flats, no alternative site is to be provided to persons squatting on public land as mentioned in section 4 of the national capital territory of delhi laws (special provisions) second act, 2009 and clause 3.3 of the regulations .....
Tag this Judgment!Court : Delhi
..... firstly, that the said staircase is permissible/compoundable/not liable to be demolished under the building bye-law and secondly, that the said action cannot be taken at least till 31st december, 2010 owing to the the national capital territory of delhi laws (special provisions) second act, 2009.5. ..... the nct of delhi laws (special provisions) second act, 2009 is not intended to suspend the statutory function of respondent mcd to ensure compliance of building regulations and to take action for its breach, in the entire city of delhi. ..... with respect to the contentions on appendix q, it is pointed out that compounding is permitted only when the construction "otherwise conforms to the provisions contained in the building bye-laws and master/zonal plan regulations". ..... it is contended that the staircase in question in view of the aforesaid does not conform to the provisions of the building bye-law. ..... h-2, kailash colony, new delhi by the respondent no.2 but the facts concerning dispute between petitioner & respondent no.2 are not relevant for adjudication; the only question being of the interpretation of the building bye-laws.4. ..... governor exercising power of second appeal have dealt with all the aforesaid bye-law and concluded that construction even of an open staircase is not permissible in the front setback of a house and is non-compoundable. .....
Tag this Judgment!Court : Delhi
..... by virtue of the national capital territory of delhi laws (special provisions) second (amendment) act, 2017, operation of the national capital territory of delhi laws (special provisions) second act, 2011 is upto 31st december, 2020. ..... applicability of provisions of the national capital territory of delhi laws (special provisions) second act, 2011, does not cease as the benefit of aforesaid enactment has been subsequently extended from time to time and the protection of this act is available to respondent because the alleged mis-user is since the year prior to year 2007. ..... impugned order also permits respondent to avail of the benefits of the provisions of the national capital territory of delhi laws (special provisions) second act, 2011.2. ..... operation of the delhi laws act of 2014. mr. ..... justice sunil gaur impugned order of 22nd may, 2012 directs that respondent will be order entitled to use the subject land for social functions subject to condition that an undertaking would be furnished to the effect that respondent shall comply with all the guidelines except formal permission from the committee as mentioned in the guidelines no.1 to 5 and that the re-development work shall be completed within the time decided by the authorities. ..... it is evident from minutes of the meeting of january, 2014 (annexure r-17) that banquet halls are permitted in industrial and commercial area and the policy for issue of special permits/licences to them is endorsed. ..... nct of delhi, 2009 dlt scc online. .....
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..... additional argument raised by the petitioner is that the petitioner is even otherwise protected against any punitive action in terms of the government of national capital territory of delhi laws (special provisions) second act, 2011 (hereinafter referred to as the special act); submission being that a punitive action as defined under section 2(g) of the special act prohibits the department from levying wp(c) 13402/2009 page 4 of 14 any conversation charges upon the petitioner. ..... as contained in section 2(g) of the special act reads herein as under: (g) punitive action means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise; 16 the levy of conversion charges/parking charges which are mandated under the statutory enactment of mpd-2021 will not come wp(c) 13402/2009 page 13 of 14 within the definition of a punitive action . ..... the second submission of the learned counsel for the petitioner that he is protected under the special act and no punitive action can be taken is also a submission noted to be rejected. ..... on the second argument, it is pointed out that the protection under the special act has also not been set up as a plea. .....
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..... his submission includes that the national capital territory of delhi laws (special provisions) second (amendment) act, 2014 says that bill no.88 of 2007 passed by the parliament with regard to the protection of unauthorized construction, shall remain in force till december 31, 2017 and the national capital territory of delhi laws (special provisions) second bill, 2007, all those constructions which existed till june 01, 2014, will be protected which includes construction of agricultural land also. ..... rana that in view of the 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. ..... rana that in the replies the plea was also that in view of national capital territory of delhi laws (special provisions) act, 2011 and amendment act of 2014 protects all unauthorized construction, which existed till 2014 including on agricultural land. w.p. ..... he would rely upon the following judgments in support of his contentions: (a) 156 (2009) dlt129neelima gupta vs. .....
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..... section 3 of the national capital territory of delhi laws (special provisions) second act, 2011: 3. ..... a writ or direction in the nature of mandamus thereby directing respondents to abide by the policy and guidelines framed in respect of unauthorized colonies and the provisions of national capital territory of delhi laws (special provisions) act, 2009 and not to take any contrary and arbitrary action of pick and choose of demolition/ dispossession in respect of the properties of members of the petitioner; and c) issue a writ in the nature of declaration declaring the act of the respondents in threatening to take action for demolition in respect of the properties of the members of the petitioner as being in violation of the guidelines and policy framed for regularization of unauthorized colonies and the provisions of national capital territory of laws (special provisions) act, 2009.4. .....
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..... it was held that in the absence of any provisions in the government of national capital territory of delhi act and in the absence of any other notification, order or legislation, the punjab courts act, 1918 had continuous application to delhi along with the laws made by the delhi legislative assembly. ..... by virtue of article 239aa (special provisions with respect to delhi), the union territory of delhi has been named as the national capital territory of delhi. ... ..... there are two parts to this contention, first, that the unprecedented increase in court fee is a deterrent in invoking the original jurisdiction of the high court of delhi and second, the impugned amendment act infringes the jurisdiction of the high court in framing rules under the scheme of the indian arbitration act, 1940 and the arbitration and conciliation act, 1996.893. ..... the state act was prior to the right of children to free and compulsory education act, 2009 enacted by the parliament.381. ..... hundreds of civil suits proceed on this basis in the high court every year (see making legal aid a reality, public interest law institute, 2009) under rule 40 of the uniform rules of court: (1) (a) a person who desires to bring or defend proceedings in forma pauperis, may apply to the registrar who, if it appears to him that he is a person such as is contemplated by paragraph (a) of subrule (2), shall refer him to an attorney and at the same time inform the local society of advocates accordingly. .....
Tag this Judgment!Court : Delhi
..... it was held that in the absence of any provisions in the government of national capital territory of delhi act and in the absence of any other notification, order or legislation, the punjab courts act, 1918 had continuous application to delhi along with the laws made by the delhi legislative assembly. ..... by virtue of article 239aa (special provisions with respect to delhi), the union territory of delhi has been named as the national capital territory of delhi. ... ..... there are two parts to this contention, first, that the unprecedented increase in court fee is a deterrent in invoking the original jurisdiction of the high court of delhi and second, the impugned amendment act infringes the jurisdiction of the high court in framing rules under the scheme of the indian arbitration act, 1940 and the arbitration and conciliation act, 1996.893. ..... the state act was prior to the right of children to free and compulsory education act, 2009 enacted by the parliament.381. ..... hundreds of civil suits proceed on this basis in the high court every year (see making legal aid a reality, public interest law institute, 2009) under rule 40 of the uniform rules of court: (1) (a) a person who desires to bring or defend proceedings in forma pauperis, may apply to the registrar who, if it appears to him that he is a person such as is contemplated by paragraph (a) of subrule (2), shall refer him to an attorney and at the same time inform the local society of advocates accordingly. .....
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..... 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. ..... the provisions of section 3 of the national capital territory of delhi laws (special provision) second act, 2011 are very clear which provides that: (3) all notices issued by any local authority for initiating action encroachment or unauthorized development in respect of areas referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of december, 2017, 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 ..... however, in far as the relief of injunction is concerned, in view of the governmental intervention in protecting all such similarly placed properties in the area by virtue of the national capital territory of delhi laws (special provisions) second act, 2011, i hold that the plaintiff alone cannot be singularly picked up. .....
Tag this Judgment!Court : Delhi
..... the relevant provisions and extracts from the statement of objects and reasons of the 2011 act are reproduced hereunder: the national capital territory of delhi laws (special provisions) second act, 2011: whereas there had been phenomenal increase in the population of the national capital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan for delhi, 2001 and the relevant acts and building bye-laws made thereunder; *** and whereas based on the policy finalised by the central ..... reliance was also placed on the provisions of the national capital territory of delhi laws (special provisions) second act, 2011, the earlier version of which had been in force since december 2007. ..... and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below: (a) orderly arrangements for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters in the national capital territory of delhi in accordance with the provisions of the delhi urban shelter improvement board act, 2010 and the master plan delhi act 7 of for delhi, 2021 to ensure its development in a sustainable, planned and humane manner; 2010. .....
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