SC stays implementation of amended plan by SDMC till next hearing

Team Udayavani, Aug 25, 2018, 11:21 AM IST

New Delhi: The Supreme Court today asked the South Delhi Municipal Corporation (SDMC) not to proceed with the implementation of the amended Delhi Master Plan till the next hearing on the issue.

A bench of Justices M B Lokur and Deepak Gupta asked Additional Solicitor General ANS Nadkarni to advise the Centre not to enforce, through the SDMC, amended Master Plan of the national capital till the next date of hearing on August 28.

Senior advocate Ranjit Kumar, also an amicus curiae in the matter dealing with unauthorised constructions in Delhi, informed the court that a circular has been issued by the SDMC that a shopping Centre coming up in South Delhi will be in accordance with the amended master plan of the city.

“The implementation has been stayed by the Supreme Court by its earlier orders and matter is listed for further hearing on August 28. They (SDMC) should be directed not to implement the plan till further hearing,” Kumar said.

The bench then observed that they (the SDMC) will not implement it and asked Nadkarni to advice the Centre not to go ahead with the circular.

Nadkarni assured the bench that he will advise the secretary of the Ministry of Housing and Urban Affairs not to proceed with the circular till next date of hearing.

On May 15, the apex court had partly modified its March 6 order by which it had stayed further progress in amending the Master Plan of Delhi-2021, while asking the Centre to give a window of 15 days for inviting objections to the proposed changes.

It asked the Centre to consider the objections to the proposed amendments and then take a final call after considering all the aspects.

It had also asked the Delhi Development Authority (DDA) to advertise in leading dailies on three consecutive days the action plan placed before it for monitoring of all construction activities and fixing responsibility in cases of violation of MPD and the building byelaws.

The amendments are aimed at bringing a uniform floor area ratio (FAR) for shop-cum-residential plots and complexes at par with residential plots. FAR is the ratio of a building’s total floor area (gross floor area) to the size of the piece of land on which it is built.

The apex court had on March 6 stayed any further progress in amending the MPD 2021, which seeks to protect unauthorised construction from ongoing sealing drive in Delhi. The top court is dealing with the issue of validity of Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations which protect unauthorised constructions from being sealed.