Delhi Lokayukta Manmohan Sarin has said there was reluctance on the part of political parties across the board “when it comes to taking concrete steps for regularisation’’ and issued notices to the Secretary (Urban Development) of the Delhi Government and the Principal Secretary to the Chief Minister in the matter of allowing general power of attorney holders to regularise the unauthorised constructions in regularised unauthorised colonies.
Justice Sarin said while these parties “are not tired of proclaiming and reaffirming their commitment and holding out assurances for regularisation of unauthorised colonies,’’ yet due to their reluctance to take steps for regularisation “the present regime of unauthorised constructions continues with mal-administration and corruption ruling the roost in the absence of sanctions and regularisation.’’
Justice Sarin, who was hearing the case of MLA Sat Prakash Rana versus councillor Bhupinder Gupta, said under Section 16 of the Delhi Lokayukta and Uplokayukta Act 1995 it was suggested by his office agreement to sell accompanied with general power of attorney, power of attorney, will etc. and continued evidence of occupation supported by water and electricity bill, ought to be accepted as documents of ownership for submission of the application for the purpose of getting the structures regularised.
Otherwise, he had cautioned that in unauthorised regularised colonies, the boon of unauthorised constructions would be perpetuated and continued. However to prevent misuse by speculative transfers, minimum period of continued occupation could be considered and prescribed, the Lokayukta had added.
These suggestions were sent by the Lokayukta to the Director (Local Bodies), Secretary (Urban Development) of the Delhi Government, Principal Secretary to the Lieutenant Governor and the Principal Secretary to Chief Minister as he felt it was “urgent since the regularisation process would not only augment the revenue of the municipal corporations, apart from giving much needed relief to the residents of these unauthorised regularised colonies.’’
But, Justice Sarin said it was unfortunate that despite the service of order containing tentative and proposed suggestions and seeking necessary cooperation and guidance from these officials and public functionaries, no response had been filed except one by the East Delhi Municipal Corporation which stated that ownership documents in the shape of lease deed, sale deed etc. were required for sanction of building plan or regularisation of existing building structures constructed without obtaining any sanction.
It said the GPA and Sale Agreements either registered or notarized can be considered as sufficient proof to establish the date of sub-division/ amalgamation but not as proof of ownership.
In these circumstances, the Lokayukta noted that the relaxations have only limited value and considered it necessary and expedient to issue notice to the Secretary (Urban Development) of the Delhi Government and the Principal Secretary to the Chief Minister for their inputs and responses.