Skip to main content

SC wants sealing resumed, developers to be blacklisted

Action is always against owner... However, itā€™s the builders, contractors and architects who violate laws MB LOKUR, Supreme Court judge
The Supreme Court on Wednesday directed the civic bodies to resume sealing and demolishing unauthorised shops and encroachments in the national Capital and gave the Centre two weeks to frame rules to crack down on builders, contractors and architects who violated municipal by-laws while constructing residential complexes. The directive to resume sealing was issued by the bench of justices MB Lokur and Deepak Gupta after attorney general KK Venugopal, appearing for the Union urban development ministry, denied that Land and Development Office (L&DO) of the ministry had instructed the municipal bodies in Delhi not to carry out the drive, as alleged by a court-monitored panel entrusted to oversee the sealing drive in the city.
ā€œBased on the affidavit filed (by Urban development ministry) we direct that there will be no stoppage of sealing or demolition,ā€ the order said. On being told that officers participating in the sealing drive face threats from mobs and residents the bench directed the police to provide adequate security to such teams. ā€œAction should be taken when threats are given to the officers,ā€ the order added. The court also instructed civic agencies to immediately stop construction of buildings where irregular or illegal activity is spotted. Venugopal welcomed the courtā€™s order on pulling up errant builders and contractors.
ā€œAction is always initiated against the owner of the building or flat. However, itā€™s the builders, contractors and architects who violate laws. By the word ā€˜actionā€™, we mean you must blacklist them when it is found they have not followed the plan as passed by the corporation. You should keep a track of such builders and if they are found to have broken the law you must deny them permission to construct more buildings,ā€ justice Lokur said. Getamber Anand, chairman of the Confederation of Real Estate Developers Associations of India (CREDAI), said that the court direction to blacklist builders was right. ā€œEvery project should be mandatorily registered and monitored and appropriate provisions should be made. The officers who are supposed to discipline constructions should be made accountable and answerable if illegal construction is found,ā€ he said.
Venugopal told the bench that the Delhi Development Authority (DDA) had on July 9 launched a mobile application through which citizens can complain about illegal constructions and encroachments in the city. So far, 431 complaints have been received in the mobile application and action taken on 138 such complaints, he said. The sealing drive in Delhiā€™s prominent markets -- including Defence Colony, South Extension, Hauz Khas, Amar Colony, Lajpat Nagar and Rajouri Garden -- had triggered a wave of protests among traders across the city. Traders affected by the sealing drive said there was still no clarity on which areas were protected against the drive. ā€œThe Supreme Court order will disturb business activities in Delhi. There is great confusion not only among traders but even among government agencies about the status of various areas in Delhi. Some areas are protected under the Master Plan and several others are protected under the Special Territory Act,ā€ said Praveen Khandelwal, secretary general of the Confederation of All India Traders.
The court also asked for Mukesh Suryan, chairman of municipal ward committee, Najafgarh, to appear before the court after it was told that the councillor had allegedly stopped municipal officers from carrying out their statutory duty. Senior advocate Ranjit Kumar, assisting the court in the case, handed over a letter written to him by the Forum of MCD engineers complaining that politicians interfere in their work. Justice Lokur mentioned media reports on how people in Mumbai had died due to potholes and asked the AG whether he saw the photographs of a bus submerged near Minto Road. ā€œWhat is happening to the governance in this country. Are your officials sleeping?ā€ he asked.
Rajinder Malik, president of the Defence Colony market association, where the first sealing drive was carried out in December last year, said traders were losing hope. ā€œIt has almost been seven months and the issue has intensified so much that we have all come to the roads in protest. We are still in the same place waiting for some relief,ā€ Malik said.
The Hindustan Times, 19th July 2018, New Delhi

Comments

Popular posts from this blog

Budget: Startup sector gets new Fund of Funds, FM to allocate Rs 10K cr

  The Indian startup sector received a boost with Finance Minister Nirmala Sitharaman announcing the establishment of a new fund of funds (FoF) in the Budget 2025. The minister unveiled a fresh FoF with an expanded scope, allocating Rs 10,000 crore. The initial fund of funds announced by the government with an investment of Rs 10,000 crore successfully catalysed commitments worth Rs 91,000 crore, the minister said.   ā€œThe renewal of the Rs 10,000 crore commitment to the Fund of Funds for alternative investment funds (AIFs) is a significant step forward for the Indian startup and investment ecosystem. The initial Rs 10,000 crore commitment catalysed Rs 91,000 crore in investments, and I fully expect this fresh infusion to attract an additional Rs 1 lakh to Rs 1.5 lakh crore in capital,ā€ said Anirudh Damani, managing partner, Artha Venture Funds.   Damani further added that this initiative will provide much-needed growth capital to early-stage startups, further strengthenin...

GST collection for November rises by 8.5% to Rs.1.82 trillion

  New Delhi: Driven by festive demand, the Goods and Services Tax (GST) collections for the Union and state governments climbed to Rs.1.82 trillion in November, marking an 8.5% year-on-year growth, according to official data released on Sunday. Sequentially, however, the latest collection figures are lower than the Rs.1.87 trillion reported in October, which was the second highest reported so far since the new indirect tax regime was introduced in 2017. The highest-ever GST collection of Rs.2.1 trillion was reported in April. The consumption tax figures highlight the positive impact of the recent festive season on goods purchases, providing a much-needed boost the industry had been anticipating. The uptick in GST collections driven by festive demand had been anticipated by policymakers, who remain optimistic about sustained growth in rural consumption and an improvement in urban demand. The Ministry of Finance, in its latest monthly economic review released last week, stated that I...