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HC says it expects decision on regularisation policy by Mar 25

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Press Trust of India New Delhi
Last Updated : Feb 05 2015 | 1:55 PM IST
The Delhi High Court today said it expected the Centre to finalise policy on regularisation of unauthorised constructions in the city by March 25.
The court, which was hearing an NGO's PIL against illegal constructions in Sainik Farms in south Delhi, also appeared unimpressed with the government's step to protect unauthorised constructions up to June 1, 2014 with an amendment in the National Capital Territory of Delhi Laws (Special Provisions), saying it is "legalising what has been illegal".
"What was illegal in previous Act, has become legal in new one (amended Act). Your (Centre) government is legalising what has been illegal," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said, while adding, "somebody should challenge it".
The bench also observed that if status quo has to be maintained with respect to such properties, then it also means no further unauthorised construction should take place.
It, however, said that it will interpret the amendment later.
The bench made the observations after the South Delhi Municipal Corporation (SDMC), represented by advocate Ajay Arora, informed the court that as per the amended law, all unauthorised constructions up to June 1, last year, are protected from punitive action.

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Under the earlier law, only unauthorised constructions up to February 8, 2007 were protected, SDMC said.
Additional Solicitor General (ASG) Sanjay Jain also submitted before the court that the issue of framing a policy for regularisation of unauthorised constructions is under consideration and will take more time.
"By next date of hearing, we expect a decision (on making a policy) would have been taken by government," the court said while listing the matter for further hearing on March 25.
The National Capital Territory of Delhi Laws (Special Provisions) Amendment Bill, 2014 passed by the Lok Sabha recently has extended the validity of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 up to December 31, 2017 from December 31, 2014.
It has also protected from punitive action "unauthorised colonies, village abadi areas (including urban villages) and their extensions, as existed on the 31st day of March 2002, and where construction took place even beyond date and up to June 1, 2014.

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First Published: Feb 05 2015 | 1:55 PM IST

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