You have changed Delhi Master Plan to legalise what is illegal: SC

Lambasts Centre for letting traders hold city to ransom

April 04, 2018 01:33 am | Updated 01:33 am IST - New Delhi

NEW DELHI: A view of Supreme Court of India in New Delhi on November 06, 2006.
Photo: Rajeev Bhatt

NEW DELHI: A view of Supreme Court of India in New Delhi on November 06, 2006. Photo: Rajeev Bhatt

The Centre’s submission that the Master Plan of Delhi-2021 was the “solution” for the issues related to unauthorised constructions in the national Capital on Tuesday failed to impress the Supreme Court, which termed it as a ploy to legalise the illegal.

A Bench of Justices Madan B. Lokur and Deepak Gupta wanted to know from the Centre if they had any plan to deal with the issue which has arisen in Delhi on which the traders were staging protest against the ongoing sealing drive. “Do you have any plan or you just want these traders to hold the city on ransom. Do you have any plan,” the Bench asked Additional Solicitor General (ASG) A.N.S. Nadkarni, appearing for the Centre.

Responding to the query, Mr. Nadkarni said, “The Government of India does not feel that way. We just want to have a solution for it”. When the Bench asked whether the government has thought of any solution, the ASG said, “the Master Plan of Delhi-2021 is a solution of all this”.

The court then asked “what about unauthorised colonies? You have changed the Master Plan to legalise what is illegal.”

Proposes road map

The ASG said the Master Plan of Delhi-2021 has not yet been finalised and he could place a road map before the court about what the government proposes to do in the matter.

The Delhi Development Authority had proposed amendments in the Master Plan of Delhi-2021, including bringing uniform floor area ratio (FAR) for shop-cum-residence plots and complexes at par with residential plots, a move that would come as a big relief to traders facing the threat of sealing.

FAR is the ratio of a building’s total floor area (gross floor area) to the size of the piece of land upon which it is built. On March 6, the SC had stayed any further progress by the authorities to amend the Master Plan of Delhi-2021.

“What about past illegalities? You are saying that you will protect it [unauthorised constructions] till 2020,” the Bench asked, adding, “will these illegalities continue till 2020?”.

The ASG said he would come up with a road map on the issue and the court posted the matter for hearing tomorrow.

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