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Delhi HC refrains from ruling on minor violators of building bylaws

Source: PTI
February 27, 2006 15:16 IST
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The Delhi high court Monday refrained from passing any order on an application moved by the Union government seeking relief for minor violators of building bylaws in Delhi.

A Division Bench of Justice Vijender Jain and Justice Rekha Sharma, which is dealing with the ongoing demolition drive, however, issued notices to the Municipal Corporation of Delhi and other parties for their replies on the Centre's application, and posted the matter for hearing on March 22.

Appearing for the Centre, senior counsel Kailash Gambhir sought relief for minor violators on the ground that the government had constituted a high-powered committee with former Lieutenant-Governor Tejinder Khanna to assess the magnitude of the problem and suggest a comprehensive strategy to deal with the situation arising out of it.

In its affidavit, the Centre urged the court that in the coming three months the ongoing demolition drive be confined to the three categories of major violators -- encroachments on government land, ongoing illegal constructions and commercial establishments in residential areas.

The court was told that the committee's terms of reference include making an assessment of unauthorised constructions, misuse of premises, identifying underlying causes of violation and recommending measures to prevent recurrence.

Gambhir told the court that the committee would submit its report within three months, and until then, pleaded that action against minor violators be kept on hold.

The MCD had begun its demolition drive against all illegal constructions in Delhi following the high court direction that action be taken against 18,000 illegal structures that had sprouted during 2001-2005.

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