High court to hear if centre may regulate Delhi realty

Admits petition to judge if Centre's powers transgress the Delhi Municpal corporation Act

GN Bureau | January 13, 2011



The Delhi High Court on Thursday admitted writ petitions challenging the constitutional validity of the central government’s power under the Delhi Municipal Corporation Act to regulate and control building construction and land use in the city.

The petition was filed by the Society for Safe Structures and H.R. Suri, former President of Institute of Town Planners (India).

The counsel Anil K. Aggarwal contended since the constitution has been amended in 1992, to accord constitutional status of local self government to the municipalities at the III tier of democratic governance in the Country and powers have been devolved upon the elected municipalities to regulate land use and building construction as matters of local affairs forming part of their constitutional obligation, the Central Government has been left with no role to play in this regard.

He further added that the central government had accepted the Supreme Court judgment of 2004 which said that matters enumerated under Schedule XII of the Constitution are constitutional obligations and responsibilities of the elected MCD. So the central government has no justification to usurp the constitutional powers of the elected Municipality.

While directing the central government to file its response within eight weeks, the Chief Justice Bench of Delhi High court admitted the PIL is challenging the validity of section 330A and 345A of the DMC Act which empowers the central government to regulate building constructions in Delhi and to frame building bye-laws.

Taking prime facie cognizance of the constitutional provisions and the Supreme Court’s judgment, and in view of the gravity of the matter, the High Court permitted the Society to move an application for early hearing once the reply from the Central Government is received after 12 weeks.


 

Comments

 

Other News

Counting matters but which ones?

The first instinct of public policy is to count. Its harder task is to count what counts. We have become remarkably good at measuring the reach of the welfare state vis-à-vis beneficiaries covered, rupees transferred, houses built, connections installed and services delivered. But some of the most

Inching closer to a trade deal with America

The cooperation between India and the United States goes back quite a time. We need to relegate that era to the backburner when Pandit Jawaharlal Nehru visited US in the times of president Dwight Eisenhower and called the American let-off of 10 million dollars in defence aid to Pakistan as a “gun w

Manch vs Musk: Forty people and a foreign billionaire

About forty people walked the roundabout on Teen Murti Marg to the gate of Chanakyapuri police station, a distance you could cover in under a minute, on Friday to protest against Elon Musk’s Starlink. The walk was called by the Swadeshi Jagaran Manch. Nobody joined them on the way, and nobody seeme

Master sculptor recalls the making of the Shankaracharya statue

The Golden Chisel: The Story Behind the Making of Ram Lalla  By Seethalakshmi S. and Rahul Nandan Rupa Publications, 168 pages, Rs 395  

Mumbai’s missing affordable homes

Mumbai’s real estate market keeps growing, yet homeownership remains out of reach for much of its population. Three experts – urban researcher Hussain Indorewala, urban planner Vidyadhar Phatak and developer Kamlesh Thakur of NAREDCO Maharashtra, agree that simply constructing more apartments

Rubio denies US foreknowledge of Starlink restrictions in Ukraine

US secretary of state Marco Rubio has said he was unfamiliar with the Wall Street Journal report suggesting Elon Musk had decided to throttle Starlink services in Ukraine, but rejected claims that Washington had ordered the restrictions to pressure Kyiv.   “There was no

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter