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Sealing reaches court again

A city-based NGO moved the Supreme Court on Saturday against the latest law enacted by Parliament earlier this year to protect commercial establishments operating from residential areas of the capital from sealing, reports Satya Prakash.

delhi Updated: Sep 12, 2009 23:17 IST
Satya Prakash

A city-based NGO moved the Supreme Court on Saturday against the latest law enacted by Parliament earlier this year to protect commercial establishments operating from residential areas of the capital from sealing.

The NGO, Delhi Pradesh Citizens’ Council, challenged the validity of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2009, on the ground that it would encourage violation of building byelaws in the Capital.

In its application filed through counsel Jasbir Singh Malik, the NGO alleged that the law was enacted before the general election to achieve political mileage for the ruling party (Congress).

The petition would be mentioned for urgent hearing next week, Malik said.

The new law has led to an anomalous situation where special statutes such as Delhi Municipal Corporation Act, 1957, Delhi Development Authority Act, 1957, and New Delhi Municipal Council Act, 1994, have been virtually kept in abeyance and no actions were being taken for their implementation, it said.

It pointed out that the MCD’s power to seal unauthorised constructions still remained intact but in view of the 2009 Act cannot be implemented.

The NGO, whose petitions challenging the Master Plan-2021 and earlier enactments intended to save illegal commercial establishments were already pending before the SC, contended that the law was unconstitutional as Parliament cannot pass a law prohibiting authorities from complying with court orders and judgments, unless the basis of such decisions were taken away.