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Demolition: SC refuses to stay moratorium

SC refused to stay the operation of the new law placing a one-year moratorium on the demolition.

india Updated: May 23, 2006 21:57 IST

The Supreme Court on Tuesday refused to stay the operation of the new law placing a one-year moratorium on the demolition of unauthorised structures in the Capital but decided to examine the legality of the controversial legislation.

"Since the challenge is to the legality of the Delhi Laws (Special Provisions), Act, 2006, notices have to be issued to the respondents," a Vacation Bench comprising Justice Arijit Pasayat and Justice RV Raveendran said seeking reply from the Ministry of Urban Development, Ministry of Law and Justice and Municipal Corporation of Delhi (MCD).

"We cannot stay the operation of the Act," it said but added that "the effect of the law has to be examined".

"If we will hold that the statute is bad, the sealing will continue...," the bench observed when the petitioner's counsel sought stay on the desealing drive which commenced on Tuesday.

The court said the PILs challenging the constitutional validity of the Act will be heard on July 17 by a bench headed by Chief Justice YK Sabharwal which was seized of the matter relating to demolition and sealing.

During the brief hearing, the court wanted to know from the petitioners whether the statute was in any way trying to undo any of the judgements.

The counsel appearing for the NGO, Delhi Pradesh Citizen Council, said the law was against the apex court's order.

However, the bench said the court has passed interim orders which are not judgments.

The Supreme Court on Tuesday refused to stay the operation of the new law placing a one-year moratorium on the demolition of unauthorised structures in the capital but decided to examine the legality of the controversial legislation.

"Since the challenge is to the legality of the Delhi Laws (Special Provisions), Act, 2006, notices have to be issued to the respondents," a Vacation Bench comprising Justice Arijit Pasayat and Justice RV Raveendran said seeking reply from the Ministry of Urban Development, Ministry of Law and Justice and Municipal Corporation of Delhi (MCD).

"We cannot stay the operation of the Act," it said but added that "the effect of the law has to be examined".

"If we will hold that the statute is bad, the sealing will continue...," the Bench observed when the petitioner's counsel sought stay on the desealing drive which commenced today.

The court said the PILs challenging the Constitutional validity of the Act will be heard on July 17 by a bench headed by Chief Justice YK Sabharwal which was seized of the matter relating to demolition and sealing.

During the brief hearing, the court wanted to know from the petitioners whether the statute was in any way trying to undo any of the judgements.

The counsel appearing for the NGO, Delhi Pradesh Citizen Council, said the law was against the apex court's order.

However, the bench said the court has passed interim orders which are not judgments.