Dateline New Delhi, Tuesday, Feb 7, 2006


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Delhi High Court again refuses to stay demolition
by Vikram Vishal

    New Delhi: Maintaining its earlier stance, the Delhi High Court on Tuesday again refused to stay the ongoing demolitions in Lal Dora area on Mehrauli-Gurgaon road of the capital housing several showrooms of high profile designers, and posted the case for further hearing to February 14. Refusing to grant an interim stay on the demolition drive by the Municipal Corporation of Delhi (MCD), a Division Bench comprising Justices Vijender Jain and Rekha Sharma directed the MCD to furnish all the relevant documents and notifications purported to have granted exemption with regards to the construction of commercial properties in the area.

     The court's directive came in the wake of argument by counsel KTS Tulsi who is appearing for fashion designer Rohit Bal and others, claiming such exemptions by citing notifications said to have been issued by the MCD and revenue officials. The designers owning shops at the MG 2 shopping mall had filed a writ petition seeking to quash MCD's demolition drive, saying the demolitions were illegal as they were being carried out without any prior notice to the occupiers. The High Court, however, questioned the local stand of the petitioners who were neither the builders nor the owners of the illegal structures but were only occupiers on rent. The court had earlier observed that the 'Lal Dora' area meant for villagers and they must not be commercialised. The MCD has in the last one month, taken action against many illegal properties following the direction of the High Court. Citizens of Delhi have been crying foul over illegal constructions progressing at a tremendous pace in various areas even as the MCD claims to be targeting ongoing constructions. In all, according to the MCD, there are 3.2 million illegal constructions in the capital and it is expected that a Central panel would appointed to assess which constructions can be regularised.

Demolitions continue on Delhi's fashion designer malls

New Delhi: The Municipal Corporation of Delhi (MCD) resumed its demolition drive in the MG Road Lal Dora area today as the Delhi High Court on Monday refused to stay demolitions on high profile fashion malls situated in the area. The court had earlier observed that the 'Lal Dora' area, where the malls were constructed, meant for villagers and they must not be commercialised. The fashion designers owning shops at the MG-2 shopping mall on Mehrauli-Gurgaon road, however, had filed a writ petition seeking stay on the ongoing demolitions on the ground that the constructions were made prior to the year 2000, and the court's orders were applicable to constructions made after January 2001. Though the High Court will be hearing the case later in the day, the MCD pulled down outlets in the ground floor of the multi- storeyed building on orders from the High Court to demolish illegal structures in the area. The MCD had earlier pulled down parts of 1, MG shopping mall amidst protest by high-profile fashion designers, shop owners and employees. Meanwhile, Union Urban Development Minister S Jaipal Reddy has ruled out any ordinance to legalise the 'minor' illegal constructions which are now being razed down by the civic body, but said that other measures would be in place soon to save minor building-law violations from MCD bulldozers. According to sources, Prime Minister Manmohan Singh is likely to meet Chief Minister Sheila Dikshit and Reddy to discuss the issue.

Committee on MCD's demolition drive

     New Delhi: The Centre has decided to set up a committee to look into the ongoing demolition drive by the Municipal Corporation of Delhi (MCD) against unauthorised constructions in the Capital. The decision was taken by Prime Minister Manmohan Singh at a high-level meeting here today which was attended by Chief Minister Sheila Dikshit, Urban Development Minister Jaipal Reddy and other senior Congress and Bharatiya Janata Party leaders. "After taking various factors into consideration, it was decided that Urban Development Ministry should appoint a high-powered committee of eminent people, experts and representatives of Congress and BJP to look into various violations that have gone on in Delhi for years and come out with a practical solution," Reddy told reporters after the meeting. "The committee, which will be constituted in the next few days, will submit its report in three months time," he added.

    The meeting also decided to give its nod to the demolitions against unauthorised constructions on government land. Jaipal Reddy had yesterday said that the Centre was considering promulgating an ordinance on the lines of the Maharashtra Government to legalise the 'minor' illegal constructions, which are now being razed down by the MCD. Reddy, however, ruled out the possibility of bringing an ordinance over the demolitions, saying with the budget session about to start, it would not be possible to bring an ordinance to this effect. However, Reddy took a strong exception against the builder mafia network and said that stringent actions would be taken against the land grabbers and the highly influential people. Meanwhile, hundreds of activists of Bharatiya Janata Party (BJP) took to streets to protest against the demolition drive. Led by prominent BJP leaders Sahib Singh and Harsh Vardhan, the protest was chiefly against what they termed the lackadaisical attitude of the Sheila Dixit government in stopping the demolition. The protestors raising slogans against Chief Minister Sheila Dixit were heading towards her residence when the police detained them. Demanding the resignation of Dixit, Sahib Singh said that the present scenario showed the lack of coordination between the Congress government at the centre and the state. "This government is sleeping. The Congress government at the Centre and the Congress government at the State have no co- ordination. How much time do they need to take a stand on an issue?" Singh said. The MCD has in the last one month, taken action against many illegal properties following the direction of the High Court. Citizens of Delhi have been crying foul over illegal constructions progressing at a tremendous pace in various areas even as the MCD claims to be targeting ongoing constructions. In all, according to the MCD, there are 3.2 million illegal constructions in the capital and it is expected that a Central panel would appointed to assess which constructions can be regularised.

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