THE DELHI LAWS (SPECIAL PROVISIONS) ACT, 2006

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The Delhi Laws (Special Provisions) Act, 2006 was enacted on May 19, 2006 for the purpose of framing special terms for Delhi State for a duration of one year and other issues related with subject. There is exceptional raise in the population as a result of migration which had made remarkable force on the land as well as infrastructural facilities in Delhi which gave rise to growth  that is not in parity with that of the Master Plan of Delhi, 2001 and also for formulating bye-laws. With an aim to be achieved in 2021 and rising new magnitudes in urban growth, the Government of India had suggested wide spread alterations in the Delhi Master Plan that have already been publicized and the proposals and oppositions from the public are welcomed. The finalization of the plan is reserved for a short period.

Moreover, the Government of India had established an Expert Committee to verify the different fields of illegal constructions and also mistreat of the surroundings and propose complete policy to carry out those suggestions. In addition, the revised strategy for rearrangement and rehabilitation of Delhi slum dwellers is also dealt with the Central Government. Yet another policy is also suggested to be framed by the Delhi local authorities as per the terms fixed under the National Policy for Urban Street Vendors. Further, actions is also to be taken for the breach of the terms provided under Master plan and also the building bye-laws prior to the final decision is reached out by the Government which is resulting hardship and permanent loss to the community and it is essentially required for some time to make regular arrangements according to the Master plan. It is also necessary to enact law for the purpose of providing provisional help to the people in opposition to the act for the duration of one year where the different strategies that are noted above are anticipated to be concluded.

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The provisions of the enactment extend to the entire territory of Delhi. The Act shall come to an end subsequent to one year from the day of initiation. The building bye-laws are those laws that are framed according to Section 481 of the Delhi Municipal Corporation Act, 1957 or as per the provisions of the Punjab Municipal Act, 1957 and the Delhi Development Act, 1957. Encroachment included illegal occupation of the land belonging to the Government or the possession of public land making it suitable for residence and commercial purpose or other purposes. Punitive action is the action initiated by the government officials according to important law created against illegal occupation etc as provided under the enactment.

Without considering any of the laws that are being enforced, the Government of India is authorized to take essential steps to decide on the policies, strategies and principles that consider the issue of illegal development in the areas specified under the Act. The mixed use of premises without obeying the master plan, erection of buildings against the given plan, encroaching into the premises by dwellers etc are the illegal developments as given in the legislation. It is to make the progress in sustainable and intended way. The status quo ordered by the court on January 1, 2006 shall remain in force with regard to the illegal developments.

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The notices given by the authorities for taking steps as against the different groups of illegal developments provided in the earlier provisions shall be deferred and corrective steps should be started within one year. At the time of application of the Act, relief will not be provided in some of the groups of illegal developments and such developments are expressly stated in this provision. The Central Government is empowered under the Act to give directions to the concerned authorities for the proper implementation of the Act and the authorities are under the responsibility to obey such directions. In 2011, the Parliament has enacted the National Capital Territory of Delhi Laws (Special Provisions) Act to give effect to special terms for the Delhi National Capital Territory to an extended term ending at December 31, 2011.