Barely two days after the Centre notified the Master Plan Delhi 2021, an NGO moved the Supreme Court on Friday challenging it on the ground that it annulled the court's orders on sealing of commercial premises in residential areas and favoured the violator at the cost of law abiding citizens.
In its petition filed through counsel Jasbir Singh Malik, Delhi Pradesh Citizen Council, whose petitions against the September seven and 15, 2006 notifications and the Delhi Laws (Special Provisions) Act, 2006 are already pending, requested the court to stay the operation of MPD-2021 till the court decided its validity.
A Bench headed by Justice Arijit Pasayat, which has stayed the sealing operations till February 12, would examine the Master Plan on Monday.
The petitioner alleged that the new Master Plan did not take into account the provisions of the Delhi Municipal Corporation Act, 1957, New Delhi Municipal Council Act, 1985, Delhi Development Authority Act, 1957 and National Capital Region Planning Board Act, 1985.
The council contended that liberal changes in the land use and floor area ratio were contrary to the statutory provisions and commercial use of residential premises would lead to further destruction of the quality of life and environment in the capital.
"In fact, the Master Plan in question can not make Delhi a world class city ahead of the Commonwealth Games in 2010," the NGO said in the PIL.
Questioning the rationale behind regularisation of over 1400 unauthorised colonies, the petitioner said "without providing the facilities under the law, the illegal colonies can not be regularised that too without subjecting them to any reasonable penalty/charges etc."
It alleged that the Master Plan was nothing but "appeasement" of traders at the cost of law-abiding citizens of the capital.
The Master Plan has also given a free hand to the traders and land mafia including builders in the city to hold the entire city to ransom and all illegalities committed by the violators of law till date have been legalised.
Terming the government's decision to notify new Master Plan as "arbitrary, malafide, unjust, unreasonable", the NGO requested the court to declare it "illegal and unconstitutional."
Accusing the authorities of not taking proper note of the objections raised by the Residents' Welfare Associations, it questioned their wisdom in notifying MPD-2021 without making proper provision for traffic, sewerage, electricity, road etc.