The Delhi High Court today observed that the defence services enclave within the posh Sainik Farms area was a special case and the city government's proposed new regulations for regularisation of unauthorised colonies may not apply to them.
"These are not private individuals who were alloted land. These are the persons who had been alloted land by government of India and the general process of regularisation cannot be applied to them. They are a special case," a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said.
The court also asked "when the government of India allowed them to purchase land, can this still be termed as an unauthorised colony? and added "they are on a different footing".
Delhi government, however, was of the view that there is no distinction between the defence personnel living there and other residents of Sainik Farms and the new regualtions are same for everyone without discrimination.
It also said that under the new policy the defence personnel would have to pay only Rs 9,000 per square meter for regularisation, especially when the market rate of the area was much higher.
However, the defence personnel living there were of the view that they are not required to pay even a single rupee as they were given the land under a special governement scheme for armed forces personnel.
The court, thereafter, said it would pass orders on the issue on December 16 before which all the parties were asked to give their written submissions.
Under the new proposed regulations, Delhi government has done away with affluent colonies and instead affluent residents would be identified by their plot size.
The defence personnel living in Sainik Farms have plots which measure around 5000 square meter and thus, they would have to pay huge sums under the new regularisation policy to get their lands regularised.
The earlier regulations for regularisation did not apply to unauthorised colonies which were inhabited by affluent sections.
The defence personnel had moved the court after it had ordered action against all unauthorised constructions in Sainik Farms.
They had said that since their plots were not regularised they were having problems in getting basic civic amenities like water connections.
The corporation also came under fire from the court for
not filing satellite images of the area from 2001 till 2011 despite getting the same from a private agency.
"You have them (images) from long back. You have not even paid them (the agency) for it. Why did you not file it," the bench asked.
The court also said that though the corporation submitted that no unauthorised construction has taken place in the area in last three years, the Google images of the colony tell a different story.
It also asked the corporation whether disciplinary action has been taken against its officials who had derelicted their duty and if they were dismissed or suspended from service.
It further asked the SDMC whether any disproportionate assets case has been lodged against such officials.
SDMC said that disciplinary proceedings have been taken, but did not elaborate as to what action was taken.
The court was hearing a PIL filed by an NGO alleging illegal construction in Sainik Farms.
