This Article is From Apr 28, 2016

How Can AAP Government Regularise Unauthorised Colonies, Asks High Court

How Can AAP Government Regularise Unauthorised Colonies, Asks High Court

"Obviously it (regularising any unauthorised colony) has to follow building bylaws," a bench of justices BD Ahmed and Sanjeev Sachdeva said. (Photo: Delhi High Court)

New Delhi: The Delhi High Court has rapped the Aam Aadmi Party government asking how it can regularise unauthorised colonies, comprising illegal structures and buildings, without proper building plan approvals.

"Obviously it (regularising any unauthorised colony) has to follow building bylaws," a bench of justices BD Ahmed and Sanjeev Sachdeva said, adding "you (government) can do it only under the framework of law".

Building bylaws define how land can be used, permissible construction area (FAR) and height of structures, among other things.

The court's oral observation came on a plea by two lawyers seeking to restrain the Delhi government from regularising any unauthorised colony with illegal structures and buildings in the city till the framing of a holistic policy. On which the court sought stand of the Centre, Delhi government, Delhi Development Authority, the three municipal corporations, New Delhi Municipal Council and Delhi Cantonment Board by May 25.

The application, seeking quashing of regulations of 2007 and 2008 for regularisation of the colonies, was moved in the ongoing public interest litigation on "seismic stability" of buildings in the capital.

The court had already directed the government to formulate an action plan to minimise the disaster in the city in the event of an earthquake.

The petitioners sought directions to the government authorities to frame a holistic policy on regularisation of unauthorised colonies, taking into account safety of buildings, under direct supervision of the court and implement the policy in a time-bound manner.

The application said the Delhi government was preparing a list of unauthorised colonies without taking into account the ground realities, even though there was a possibility of vast destruction in the event of an earthquake.

About 1,700 such colonies were likely to be regularised, according to the application.
 
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