The National Capital Territory of Delhi Laws (Special Provisions) Act, 2011

<o a ~ 0 _ ( ~ ) ~ 4 ~ ~ ~ ~ 7 / 2 0 0 3 - 1 1 REGISTERED NO. DL-(N)04/0007/2003-11 mm EXTFtAORDMARY m 11-W'G 1 PART II - Section 1 ~*~ PUBLISHED BY AUTHORITY 'fi" 61 ;If m, T W , 30, 20111 % 9, 1933(9Ti4i) No. 61 NEW DEm, WEDNESDAY, MARCH 30,20ll/CHAITRA 9,1933 (SAKA) m m 3 m p s a * * ~ * m * w m * 6 ; w * m ~ , * l 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 30th, March, 20 1 l/Chaitra 9, 1933 (Saka) The following Act of Parliament received the assent of the President on the 29th March, 20 11, and is hereby published for general information. THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL PROVISIONS) ACT, 20 11 No. 5 OF 2011 An Act to make special provisions for the National Capital Territory of Delhi for a further period up to the 3 1 st day of December, 201 1 and for matters connected therewith or incidental thereto. WHEREAS there had 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, 200 1 and the relevant Acts and building bye-laws made thereunder; AND WHEREAS the Master Plan for Delhi, 200 1 was extensively modified and notified by the Central Govenunent 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 WIIERF,AS the Master Plan for Delhi with the perspective for the year 202 1 specifically provides for strategies for housing for urban poor as well as to deal with the informal sector; 2 THE GAZETTE OF RVDIA EXTRAORDINARY [PART TI- - 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 [Jrban Street vendors and the Master Plan for Delhi, 2021, and is being implemented; AND WHEREAS based on the policy finalised by the Central Government regarding regularisation of unauthorised colonies, village abadi area and its extension, the guidelines and regulations for this purpose have been issued; AND WHEREAS in pursuance of the guidelines and regulations necessary steps are being taken for regularisation of unauthorised colonies which, inter alia, involve scrutiny of layout plans, assessment of built up percentage existed as on the 3 1st day of March, 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 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 its extension; AND WHEREAS the revised policy for proper arrangements for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters in the National Capital Territory of Delhi has been formulated and accordingly, the Delhi Urban Shelter Improvement Board Act, 2010 has been enacted by the Government of National Capital Territory of Delhi and Delhi A C ~ notified with effect fiom the 1st July, 2010 to provide for implementation of schemes for 7 of 2010. 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; WHEREAS the draft policy regarding farm houses is under consideration in the Delhi Development Authori'ty; 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; 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 are under consideration of the Central Government in consultation with the Delhi Development Authority; 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 43 of 2007. of the National Capital Territory of Delhi for a period up to the 3 1st day of December, 2008 which ceased to operate after the 3 1 st December, 2008; AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2009 was enacted in continuation of the aforesaid Act for a period up to the 31st day of 24 of 2009, December, 2009 to make special provisions for the areas of the National Capital Territory of Delhi and that Act ceased to operate after the 3 1 st day of December, 2009; AND WHEREAS 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 3 1st day of 40 zoos. December, 2010 to make special provisions for the areas of the National Capital Territory of Delhi and that Act ceased to operate after the 3 1 st day of December, 20 10; AND WHEREAS it is expedient to have a law in terms of the Master Plan for Delhi, 2021, in continuation of the said Act for a period up to the 3 1st day of December, 20 11 to provide for temporary relief and to minimise avoidable hardships and irreparable loss to the people of the National Capital Territory of Delhi against any action by the concerned agency in respect of persons covered by the policies referred to above. SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY -- 3 66 of 1957. Punjab Act 3 of 1911. BE it enacted by Parliament in the Sixty-second year ofthe Republic of India as follows:- 1. (1) This Act may be called the National Capital Territory of Delhi Laws (Special short title, Provisions) Act, 20 11. extent, commence- (2) It extends to the National Capital Territory of Delhi. met: and (3) It shall be deemed to have come into force on the 1st day of January, 201 1 (4) It shall cease to have effect on the 3 1 st day of December, 20 1 1, 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. 2. (1) In this Act, unless the context otherwise requires,- (a) "building bye-laws" means bye-laws made under section 48 1 of the Delhi Municipal CorporationAct, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 19 1 1, as in force in New Delhi or the regulations made under sub-section (1) of sectioii 57 of the Delhi Development Act, 1957, relating to buildings; (6) "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 Corporation Act, 1957; (c) "encroachment" means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or Bny other use; (4 "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; (e) "Master Plan" means the Niaster Plan for Delhi with the perspective for the year 202 1, notified vide notification number S.0.14 1 (E), dated the 7th day of February, 2007 under the Delhi Development Act, 1957; (f) "notification" means a notification published in the Oficial Gazette; (g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing ofpremises and displacement of persons or their business establishment fiom their existing location, whether in pursuance of court orders or otherwise; (h) "relevant law" means in case of- (i) the Delhi Development Authority, the Delhi Development Act, 1957; (ii) the Municipal Corporation of Delhi, the Dellii Municipal Corporation Act, 1957; and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994; (i) "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. (2) 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 Corporatidn Act, 1957 and the New Delhi Municipal Council Act, 1994. duration Definitions.' 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- - EII~LII c e m z n ~ 3. (1) Notwithstanding anything contained in any relevant law or any rules, regulations be kept in or bye-laws made thereunder, the Central Government shall before the expiry ofthis Act, take abeyance, all possible measures to fmalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area (including urban villages), and its extension, 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: (a) orderly arrangments for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters in the National Capital Territory of Delhi in accordance with the provisions of the Delhi Urban Shelter Improvement Board Act, 20 10 and the Master Plan Delhi Act 7 of for Delhi, 202 1 to ensure its development in a sustainable, planned and humane manner; 20 lo. (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, 202 1; (cj orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised colonies, village abadi area (including urban villages) and its extension, as existed on the 3 1 st day of March, 2002, and where construction took place even beyond that date and up to the 8th day of February, 2007; (6) policy regarding existing farm houses involving construction beyond permissible building limits; and (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. (2) Subject to the provisions contained in sub-section (I) and notwithstanding any judgment, decree or order of any court, status q u o - (i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development; and (ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its extension, which existed on the 3 1st day of March, 2002 and where construction took place even beyond that date and up to the 8th day ofFebruary, 2007, mentioned in sub-section (I), shall be maintained. (3)All notices issued by any local authority for initiating action against encroachment or unauthorised development referred to in sub-section (I), shall be deemed to have been suspended and no punitive action shall be taken till the 3 1 st day of December, 20 1 1. (4) Notwithstanding any other provision contained in this Act, the Central Government may, at any time before the 3 1 st day ofDecember, 20 11, 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. Provisions of 4. During the period of operation of this Act, no relief shall be available under the this Act not to apply in provisions of section 3 in respect of the following encroachment or unauthorised development, certain cases. namely:- (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; SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5 --- -7- -- (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 its extension ia 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 ofthis Act and it shall be the duty of the local authorities, to comply with such 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 1 st day of January, 20 1 1 and ending immediately before the date of comme~~cernent of this Act, 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 tune such things were done or omitted to be done and action taken or not taken during the aforesaid period. V. K. BHASIN, Secy. to the Govt. of India. Power of Central C; overnmenl to give directions. Validation. of acts done or omitted to be done, ctc., during 1st January, 201 1 up to the date of com- mencement of this Act. - PKRTED BY I'HE GENERAL MANAGER, GOVT. OF IWIA PRESS, MMTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2011.