Skip to main content

SC wants sealing resumed, developers to be blacklisted

Action is always against owner... However, it’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.
“Based on the affidavit filed (by Urban development ministry) we direct that there will be no stoppage of sealing or demolition,” 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. “Action should be taken when threats are given to the officers,” 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 court’s order on pulling up errant builders and contractors.
“Action is always initiated against the owner of the building or flat. However, it’s the builders, contractors and architects who violate laws. By the word ‘action’, 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,” 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. “Every 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,” 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 Delhi’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. “The 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,” 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. “What is happening to the governance in this country. Are your officials sleeping?” 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. “It 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,” Malik said.
The Hindustan Times, 19th July 2018, New Delhi

Comments

Popular posts from this blog

Govt’s gamble on GST cuts: What do the bond and currency markets signal?

  It’s not just humans who suffer from cognitive biases; markets do too. Interestingly, different financial markets exhibit distinct biases, each interpreting events through its own prism of prejudice. Take the recent announcements on GST reforms: equity markets have chosen to view them through the lens of growth, while bond and currency markets are focusing on potential macroeconomic risks—fiscal pressures and current account challenges. So, which lens captures the true pulse?Equity markets may be right in expecting GST reforms to revive consumption, which has remained lacklustre for a while. But the key question remains—will this revival come at the cost of broader macro stability?It is well known that consumption stocks have rallied since the GST rationalisation announcement. But what about bond markets? What signals are they sending since this rejig was announced from the ramparts of the Red Fort?The signs aren't encouraging. Bond prices have slumped and yields have surged sinc...

Luxury carmakers urge clarity on GST rates to boost festive season sales

  A clear picture regarding new GST rates at the earliest will help the overall auto industry, including the luxury car segment, to regain momentum in the ongoing quarter, which generally sees enhanced sales on account of the festive season.The high-powered GST Council, chaired by Finance Minister Nirmala Sitharaman, will meet on September 3-4 to discuss moving to a two-slab taxation.In an interaction with PTI, BMW Group India President and CEO Hardeep Singh Brar said the recent speculation about the change in GST rates has caused uncertainty in the minds of consumers.Consumer interest and demand is strong, but they (prospective buyers) have adopted a wait-and-watch approach, and this delayed decision-making is impacting new vehicle sales at a certain level, he noted."Expediting clarity on GST rates is essential to get back to speed and ensure the auto sector's contribution to economic growth during this quarter is robust," Brar stated.He also hoped that the sustainable p...

Sebi proposes tighter norms for green bond third-party reviewers

  Sebi on Friday said it has proposed to tighten the norms to appoint independent third-party reviewers or certifiers for green debt securities to align them with requirements for other ESG-linked bonds.In a draft circular, Sebi said that the current norms for green bonds, introduced in February 2023, lack detailed requirements around reviewer independence, conflict of interest mitigation, and disclosure standards that are now in place for other ESG-linked securities under a June 2025 circular.The regulator's latest proposal seeks public comments on a revised framework that would bring parity by incorporating comprehensive criteria for third-party certifiers of green bonds on non-convertible securities.Under the proposed norms, issuers of green debt securities will need to appoint reviewers who are independent of their management, directors, and key managerial personnel. These reviewers will be remunerated in a way that prevents any conflicts of interest and possess relevant expert...