REGISTERED NO . DL-( N) 04/0007/2003--11
रजिस्ट्री सं ० डी० एल (एन) 04/0007/2003--11
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, सोमवार, दिसम्बर 26, 2011/ पौष 5, 1933 ( शक)
सं॰30] No. 30] NEW DELHI , MONDAY, DECEMBER 26, 2011 /PAUSHA 5, 1933 ( SAKA)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW AND JUSTICE
(LEGISLATIVE DEPARTMENT)
New Delhi, the 26th December, 2011 /Pausha 5 , 1933 (Saka)
The following Act of Parliament received the assent of the President on the 23rd December, 2011 , and is hereby published for general information:-
THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS
( SPECIAL PROVISIONS ) SECOND ACT, 2011
No. 20 OF 2011
[23rd December, 2011. ]
AnAct to make special provisions for the National Capital Territory of Delhi for a further period up to the 31st day of December, 2014 and for matters connected therewith or incidental thereto .
WHEREAS there has been phenomenal increase in the population of the National Capital Territory of Delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the Master Plan for Delhi , 2001 and the relevant Acts and building bye - laws made thereunder ;
AND WHEREAS the Master Plan for Delhi , 2001 was extensively modified and notified by the Central Government on the 7th day of February, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis - a - vis the social , financial and other ground realities;
AND WHEREAS the Master Plan for Delhi with the perspective for the year 2021 specifically provides for strategies for housing for urban poor as well as to deal with the informal sector;
100298
2
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
AND WHEREAS a strategy and a scheme has been prepared by the local authorities in the National Capital Territory of Delhi for regulation of urban street vendors in accordance with the National Policy for Urban Street Vendors and the Master Pian for Delhi , 2021 , and is being implemented;
AND WHEREAS based on the policy finalised by the Central Government regarding regularisation ofunauthorised colonies , village abadi area and their extension , the guidelines and regulations for this purpose have been issued;
61 of 1957 .
AND WHEREAS based on the policy finalised by the Central Government regarding regularisation of unauthorised colonies , village abadi area and their extensions , the Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis , have been made by the Delhi Development Authority under sub - section ( 1 ) of section 57 of the Delhi Development Act, 1957 notified in the Gazette of India vide S.O. 97 (E) , dated the 17th January, 2011 ;
AND WHEREAS in pursuance of the guidelines and regulations necessary steps are being taken for the regularisation of unauthorised colonies which , inter alia , involve scrutiny oflayout plans , assessment of built - up percentage existed as on the 31st day ofMarch , 2002, identification of mixed use of streets , approval of layout plans , fixation of boundaries , change in land use and identification of colonies not eligible for regularisation;
AND WHEREAS the Government of National Capital Territory of Delhi has received one hundred forty redrafted layout plans and is in process of fixing the boundary on these layout plans and the complete process of redrafting or finalisation of layout plans is likely to take considerable time to regularise all the unauthorised colonies;
AND WHEREAS more time is required for proper implementation of the scheme regarding hawkers and urban street vendors and for the regularisation of unauthorised colonies , village abadi area and their extensions and special areas ;
AND WHEREAS the Government of National Capital Territory of Delhi is actively considering enactment of law with regard to hawkers and urban street vendors , which is likely to take considerable time due to the legal procedure to be followed in this regard;
DelhiAct 7 of 2010 .
AND WHEREAS the revised policy for proper arrangements for relocation and rehabilitation of slum dwellers andjhuggi -jhompri clusters in the National Capital Territory ofDelhi has been formulated and accordingly, the Delhi Urban Shelter Improvement Board Act, 2010 has been enacted by the Legislature of the National Capital Territory of Delhi and notified with effect from the 1st July, 2010 to provide for implementation of schemes for improvement of slums and jhuggi -jhompri clusters with a view to bring improvement in environment and living conditions, and to prepare housing scheme for such persons ;
AND WHEREAS the Delhi Urban Shelter Improvement Board has identified about six hundred and eighty- five jhuggi -jhompri clusters in the National Capital Territory of Delhi and relocation thereof is likely to take considerable time ;
AND WHEREAS the draft policy regarding farm houses is being prepared by the Delhi Development Authority and its finalisation is likely to take about two years ;
AND WHEREAS pursuant to the Master Plan for Delhi , 2021 , the Zonal Development Plans in respect of various Zones have been notified which provides for regularisation of schools , dispensaries , religious institutions and cultural institutions established on or before the 1st January, 2006 in non - conforming areas;
AND WHEREAS the policy with respect to storages , warehouses and godowns used for agricultural inputs or produce ( including dairy and poultry) in rural areas built on agricultural land and guidelines for redevelopment of existing godown clusters in non- conforming areas (including those for a storage of non - agricultural goods ) required to cater to the needs of the people of the National Capital Territory of Delhi are under consideration of the Central Government in consultation with the Delhi Development Authority ;
3 THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1 ]
ANDWHEREAS with respect to special areas (being the areas consisting ofwalled city, walled city extension and area known as Karol Bagh and as such other areas as may be designated as special area) referred to in clause (vi) ofregulation 2 of the Building Regulations for Special Area , Unauthorised Regularised Colonies and Village Abadis , 2010 notified in the Gazette of India vide S.O. 97 (E) , dated the 17th January, 2011 , is being taken for formulation of redevelopment plan and schemes by concerned local authority which is likely to take considerable time ;
ANDWHEREAS rule 12 of the Delhi Development (Master Plan and Zonal Development Plan) Rules , 1959 provides for amendment of whole or any part ofthe Master Plan , ifnecessary, at the expiry of every five years and accordingly in pursuance of the aforesaid rule 12, the process of quinquennial revision of the provisions of the Master Plan notified on the 7th February, 2007 , is being undertaken for such modifications and updating that have emerged based on ground realities which is likely to take some time for finalisation;
ANDWHEREAS in view of the foregoing paragraphs , it is expedient and in public interest that no hardship be caused (whether by way of sealing or demolition of the structures or otherwise), to the public until the revision of Master Plan as stated in the preceding paragraph isundertaken to facilitate the smooth review of the Master Plan;
43 of 2007 .
AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions ) Act , 2007 was enacted on the 5th day of December , 2007 to make special provisions for the areas of National Capital Territory of Delhi for a period of up to the 31st day of December, 2008 which ceased to operate after the 31st December, 2008;
24 of 2009 .
AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions ) Act, 2009was enacted in continuation of the aforesaid Act for a period up to the 31st day of December, 2009 to make special provisions for the areas of the National Capital Territory of Delhi and that Act ceased to operate after the 31st day of December , 2009;
40 of 2009 .
ANDWHEREAS the National Capital Territory of Delhi Laws (Special Provisions ) Second Act, 2009 was enacted in continuation of the aforesaid Act for a period up to the 31st day of December, 2010 to make special provisions for the areas ofNational Capital Territory of Delhi and that Act ceased to operate after the 31st day of December, 2010;
5 of 2011 .
AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions ) Act, 2011 has been enacted to give continued effect to provisions of the enactment specified in the preceding paragraph for a period up to the 31st day of December, 2011 and to make special provisions for the areas of the National Capital Territory of Delhi and that Act , shall cease to operate after the 31st day of December , 2011 ;
ANDWHEREAS it is expedient to have a law in terms of the Master Plan for Delhi , 2021 , in continuation of the said Acts for a period up to the 31st day of December , 2014 to provide for relief and to minimise avoidable hardships and irreparable loss to the people of the National Capital Territory of Delhi against any punitive action by any agency in respect of the persons covered by the policies referred to above .
BE it enacted by Parliament in the Sixty- second Year ofthe Republic of India as follows:-
Short title , 1. (7) This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) SecondAct , 2011 .
commencement
extent, and duration .
(2) Itextends to the National Capital Territory of Delhi .
(3) It shall come into force on the 1st day of January, 2012 .
10 of 1897 .
(4) Itshall cease to have effect on the 31st day of December , 2014, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act , 1897 , shall apply as if this Act had then been repealed by a Central Act.
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
Definitions .
2. ( 1 ) In this Act , unless the context otherwise requires,---
66 of 1957 .
Punjab Act 3 of1911 .
61 of 1957 .
(a) "building bye - laws " means bye - laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye - laws made under section 188 , sub- section (3) ofsection 189 and sub - section ( 1 ) of section 190 of the Punjab Municipal Act , 1911 , asin force in New Delhi or the regulations made under sub - section ( 1) of section 57 of the Delhi Development Act , 1957 , relating to buildings ;
66 of 1957 .
(b) "Delhi " means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause ( 11 ) of section 2 of the Delhi Municipal CorporationAct, 1957;
(c) " encroachment " means unauthorised occupation of Government land or public land other than streets , lanes , footpath and parks , by way of putting temporary, semi -permanent or permanent structure for residential use or commercial use or any other use;
66 of 1957 .
44 of 1994.
61 of 1957 .
(d) " local authority " means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 , or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 or the Delhi Development Authority established under the Delhi Development Act, 1957, legally entitled to exercise control in respect of the areas under their respective jurisdiction;
61 of 1957 .
(e) " Master Plan" means the Master Plan for Delhi with the perspective for the year 2021 , notified vide notification number S.O.141 (E) , dated the 7th day of February, 2007 under the Delhi Development Act , 1957;
(f) "notification" means a notification published in the Official Gazette;
(g)"punitive action " means action taken by a local authority under the relevant law against unauthorised development and shall include demolition , sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise;
(h) " relevant law" means in case of-
61 of 1957 .
(i) the Delhi Development Authority, the Delhi Development Act, 1957;
66 of 1957 .
(ii) theMunicipal Corporation of Delhi , the Delhi Municipal Corporation Act, 1957; and
44 of 1994 .
(iii) the New Delhi Municipal Council , the New Delhi Municipal Council Act, 1994;
(i) " special area " , shall have the meaning assigned to it in clause (vi) of regulation 2 of the Building Regulations for Special Area , Unauthorised Regularised Colonies and Village Abadis , 2010 notified in the Gazette of India vide S.O. 97 (E) , dated the 17th January, 2011 ;
(j) " unauthorised development " means use of land or use of building or construction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans , or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan , as the case may be, and includes any encroachment .
61 of 1957 .
66 of 1957 .
(2) The words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Delhi Development Act , 1957, the Delhi Municipal Corporation Act , 1957 and the New Delhi Municipal Council Act, 1994.
44 of 1994 .
Enforcement to be kept in abeyance.
3. ( 1) Notwithstanding anything contained in any relevant law or any rules , regulations orbye - laws made thereunder , the Central Government shall before the expiry of this Act, take all possible measures to finalise norms , policy guidelines , feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the 5 THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 1]
form of encroachment by slum dwellers and Jhuggi- Jhompri clusters , hawkers and urban street vendors , unauthorised colonies , village abadi area (including urban villages ) , and their extensions , existing farm houses involving construction beyond permissible building limits and schools , dispensaries , religious institutions , cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce ( including dairy and poultry) in rural areas built on agricultural land, as mentioned below:-
Delhi Act 7 of 2010 .
(a) orderly arrangments for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in Delhi in accordance with the provisions of the Delhi Urban Shelter Improvement Board Act , 2010 and the Master Plan for Delhi , 2021 to ensure its development in a sustainable, planned and humane manner ;
(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided in the Master Plan for Delhi , 2021 ;
(c) orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised colonies , village abadi area ( including urban villages ) and their extensions , as existed on the 31st day of March , 2002 , and where construction took place even beyond that date and up to the 8th day of February, 2007;
(d) policy regarding existing farm houses involving construction beyond permissible building limits ;
(e) policy or plan for orderly arrangement regarding schools , dispensaries , religious institutions , cultural institutions , storages , warehouses and godowns used for agricultural inputs or produce ( including dairy and poultry) in rural areas built on agricultural land and guidelines for redevelopment of existing godown clusters (including those for a storage of non - agricultural goods) required to cater to the needs ofthe people ofthe National Capital Territory ofDelhi ;
(f) orderly arrangements in respect of special areas in accordance with the Building Regulations for Special Area , Unauthorised Regularised Colonies and Village Abadis , 2010 within overall ambit of Master Plan in force; and
(g) policy or plan for orderly arrangements in all other areas of the National Capital Territory of Delhi in consonance with the Master Plan on its review.
(2) Subject to the provisions contained in sub - section ( 1 ) and notwithstanding any judgment , decree or order of any court , status quo-
(i) as onthe 1st day of January, 2006 in respect of encroachment or unauthorised development ;
(ii),in respect of unauthorised colonies , village abadi area (including urban villages) and their extensions , which existed on the 31st day of March , 2002 and where construction took place even beyond that date and up to the 8th day of February, 2007 , mentioned in sub - section ( 1 );
(iii) inrespect ofspecial areas as per the Building Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis, 2010; and
(iv) in respect ofall other areas within the National Capital Territory of Delhi as on the 8th day of February, 2007,
shall be maintained.
Explanation. For the purposes of this sub - section , it is hereby clarified that any development approved by the competent authority or the local authority under the relevant laws and the rules or regulations made thereunder, including repairs permissible under the building bye- laws in force , shall continue to remain permitted.
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THE GAZETTE OF INDIA EXTRAORDINARY
[PART II--SEC.1]
(3)All notices issued by any local authority for initiating action against encroachment or unauthorised development in respect of areas referred to in sub- section ( 1 ) , shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of December, 2014, if----
(a) itisconstructed prior to the dates specified for different areas as enumerated in sub - section ( 2 ) ;
(b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the Central Government; and
(c) itcomplies with the directions with respect to safety, if any, issued by the Central Government :
Provided that in case punitive action is required to be taken by any local authority , prior approval ofthe Administrator of the National Capital Territory of Delhi or the officer authorised by him in this behalf, shall be obtained by the authority or officer concerned .
(4)Notwithstanding any other provision contained in this Act, the Central Government may, at anytime before the 31st day ofDecember, 2014, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub - section (2) or sub- section ( 3 ) , as the case may be .
4. During the period of operation of this Act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development , namely:--
Provisions of this Act not to apply in certain cases .
(a) encroachment on public land except in those cases which are covered under clauses ( a) , ( b) and (c ) of sub - section ( 1 ) of section 3 ;
(b) removal of slums and Jhuggi-Jhompri dwellers , hawkers and urban street vendors , unauthorised colonies or part thereof, village abadi area (including urban villages) and their extensions in accordance with the relevant policies approved by the Central Government for clearance of land required for specific public projects .
5. The Central Government may, from time to time , issue such directions to the local authorities as it may deem fit , for giving effect to the provisions of this Act and it shall be the duty ofthe local authorities , to comply with such directions .
Powerof Central Government to give directions.
6.Notwithstanding any judgment, decree or order of any court , all things done, or , omitted to be done , and all action taken , or , not taken , during the period beginning on or after the 1st day of January, 2012 and ending immediately before the date of enactment of thisAct, shall, in so far as they are in conformity with the provisions of this Act, be deemed to have been done , or , omitted to be done , or, taken, or , not taken , under these provisions as if such provisions were in force at the time such things were done or omitted to be done and action taken or not taken during the aforesaid period.
Validation of acts done or omitted to be done, etc. , during 1st January, 2012 up to the date of enactment of this Act .
V.K. BHASIN,
Secy. to theGovt. ofIndia.
PRINTED BY THE GENERAL MANAGER , GOVT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2011 .
GMGIPMRND-3570GI ( S3 )-27-12-2011 .