DELHI LAWS (SPECIAL PROVISIONS) ACT, 2006

Act No. 22 of 2006

19th May, 2006

An Act to make special provisions for the areas of Delhi for a period of one year and for matters connected therewith or incidental thereto. WHEREAS phenomenal increase in the population owing to migration has put tremendous pressure on land and infrastructure in Delhi resulting in developments which are not in consonance with the Master Plan of Delhi 2001 and the building bye-laws; AND WHEREAS keeping in view the perspective for the year 2021 and emerging new dimensions in urban development, the Central Government has proposed extensive modifications in the Master Plan of Delhi, which have been published and suggestions and objections have been received in respect thereof from the public, and the finalisation of the Master Plan 2021 is likely to take some more time; AND WHEREAS the Central Government has constituted a Committee of Experts to look into the various aspects of unau

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S.1 Short title, extent and duration

(1) This Act may be called the Delhi Laws (Special Provisions) Act, 2006.1

(2) It extends to Delhi.

(3) It shall cease to have effect on the expiry of one year from the date of its commencement, 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and upon such cesser section 6 of the General Clauses Act, 1897(10 of 1897), shall apply as if this Act had then been repealed by a Central Act.

1. Ceased to have effect from 19th may 2007 and replaced by National Capital Territory of Delhi Laws (Special Provisions) Ordinance 2007.

S.2 Definitions

(1) In this Act, unless the context otherwise requites,--

(a) "building bye-laws" means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957(66 of 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, 1911 (Punjab Act 3 of 1911), as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957 (61 of 1957), relating to buildings;
(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 Corporation Act, 1957 (66 of 1957);
(c) "encroachment" means unauthorised occupation of Government land of public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use;
(d) "local authority" means the Delhi Municipal C

S.3 Enforcement to be kept in abeyance

(1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Central Government shall within a period of one year of the coming into effect of this Act, take all possible measures to finalise norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to the under-mentioned categories, namely:--

(a) mixed land use not conforming to the Master Plan;
(b) construction beyond sanctioned plans; and
(c) encroachment by slum and Jhuggi-Jhompri dwellers and hawkers and street vendors,

so that the development of Delhi takes place in a sustainable and planned manner.

(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo as on the 1st day of January, 2006 shall be maintained in respect of the categories of unauthorised development mentioned in sub sectio

S.4 The provisions of this Act not to apply in certain cases

During the period of operation of this Act, no relief shall be available under the provisions of section 3 in respect of the following categories of unauthorised development, namely:--

(a) any construction unauthorisedly started or continued on or after the 1st day of January, 2006;
(b) commencement of any commercial activity in residential areas in violation of the provisions of the Master Plan of Delhi 2001 on or after the 1st day of January, 2006;
(c) encroachment on public land except in those cases which are covered under clause (c) of sub-section (1) of section 3;
(d) removal of slums and Jhuggi-Jhompri dwellers and hawkers and street vendors, in accordance with the relevant policies approved by the Central Government for clearance of land required for specific public projects.

S.5 Power of Central Government to give directions

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 of the local authorities, to comply with such directions.