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Multi-storeyed buildings have come up by tampering seal: SC told

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Press Trust of India New Delhi
Last Updated : May 08 2018 | 9:05 PM IST

Huge multi-storeyed buildings have come at certain places in the national capital after the seals put on unauthorised structures in 2007, were tampered with, the Supreme Court was informed today.

A report place before the apex court by the court-appointed monitoring committee, which is mandated to carry out sealing drive in Delhi, revealed that such tampering of seals have taken place in a market place.

A bench comprising Justices Madan B Lokur and Deepak Gupta, which is monitoring the ongoing sealing drive in the capital, was told by an advocate, assisting the court as an amicus curiae, that the report of the monitoring commitee gave details about unauthorised construction in the upscale Khan Market in South Delhi also.

The amicus said that in the Sanjay Market area, several premises were sealed in August 2007 but the seals were tampered with and huge multi-storeyed buildings have come up on all the sealed premises, with and some of them being converted to residential premises.

He said this amounted to perjury and contempt of the orders of the apex court.

"We have no doubt that the special task force will act in accordance with the orders passed by this court and in accordance with law both with regard to Khan Market and Sanjay Market," the bench said.

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It said that a special task force (STF), set up to oversee the enforcement of laws on unauthorised constructions in Delhi, should meet once a fortnight along with the concerned officials to ensure that the top court's orders were implemented in "letter and spirit".

The bench observed this after it was told about unauthorised constructions in Khan Market and Sanjay Market locality here.

"For the purpose of the accountability, we expect the special task force to meet once in a fortnight along with concerned officials of the various corporations and the zonal authorities to ensure that the orders of this court are implemented in letter and spirit," it said.

The bench also made it clear that if there were any other areas where violations have come to the notice of the monitoring committee, they might send it directly to the STF.

The court was assured that the STF would act on all these suggestions and complaints by the monitoring committee.

"The minutes of such meetings which are held every fortnight should be assiduously kept and handed over to Additional Solicitor General (appearing for the Centre) so that there is accountability and monitoring all the progress that is made," the order said.

The court posted the matter for further hearing on May 15.

Meanwhile, the Delhi Development Authority (DDA) filed a brief note on the amendments proposed in the Master Plan of Delhi (MPD) 2021 on several issues, including about shop-cum-residential complex.

It gave details of the proposed amendement relating to the floor area ratio (FAR) for shop-cum-residential plots and complexes at par with residential plots and says that a separate regulatory mechanism has also been proposed for removing traffic congestion and mitigate environment concern and pollution.

FAR is the ratio of a building's total floor area (gross floor area) to the size of the piece of land on which it is built.

It has said that traffic control, parking and other infrastructural facilities, like water supply and sewage, would be provided based on footfall of visitors and number of vehicles plying in area. It has also said that, as per the proposed amendment, liquor shops, pubs and clubs would not be allowed in residential areas to avoid nuisance.

Besides, the DDA has also given a comparative chart giving the status of pre-MPD 1962, MPD-1962, MPD 2001 AND MPD 2021.

The apex court had earlier prohibited any further construction, which were not in confirmity with the building bye laws, in 1,797 unauthorised colonies in Delhi and had also questioned the intent of the authorities in regularising such colonies having illegal constructions.

The top court is dealing with the issue related to validity of the Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations which protect unauthorised construction from being sealed.

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First Published: May 08 2018 | 9:05 PM IST

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