SC Stops Construction in Unauthorized Colonies of Delhi with Immediate Effect

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April 26, 2018

Case name: M.C. Mehta v. Union of India

Date of Order: April 24, 2018

In the case, the main grievance of the Petitioner was that construction was being carried out in unauthorized colonies of Delhi. The Petitioner also argued that as the building and other bye-laws do not apply to these unauthorized colonies, such colonies were placed in a better position than authorized colonies. The Petitioner in this context also made reference to Supreme Court’s order passed in 2007 wherein it was held that unauthorized colonies cannot be placed in a better position than authorized colonies.

Taking note of the Supreme Court’s order of 2007, the Two-Judge Bench of the Supreme Court has now directed that there should not be any further construction in unauthorized colonies including on public land beyond the existing building and other bye-laws. Consequently, all building and construction activity in the unauthorized colonies including on public land is stopped with immediate effect beyond the existing building and other bye-laws applicable to authorized colonies.

In the case, a Task Force is contemplated that will ensure that the orders of the Court and the applicable bye-laws are implemented and encroachments, etc. as well as unauthorized constructions are removed.

As a first step, the Task Force has been directed to remove encroachments on public roads, public streets and pedestrian streets. The Court has also directed that the Monitoring Committee shall suggest to the Task Force the areas where immediate action is required to be taken.

According to Urban Development Department there are 895 unauthorized colonies in Delhi.

Unauthorized colonies is the term used by DDA (Delhi Development Authority) to refer to construction that have taken place in Delhi in all these years without DDA’s authorization.

The Court has further directed that the aforesaid task shall be done within a period of two weeks from the date of order. The matter has been next listed for hearing on 15th May, 2018.