The National Capital Territory of Delhi Laws (Special Provisions) Amendment Act, 2014

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An Act no. 39 of 2014 being ‘The National Capital Territory of Delhi Laws (Special Provisions) Amendment Act, 2014 was enacted by the Parliament of India, with the aim and object to amend the provisions of the National Capital Territory of Delhi Law (Special Provisions) Second Act, 2011 (Act no. 20 of 2011). It was seen with the phenomenal growth of Delhi that had its inevitable implications and impact in terms of shelter, including squatter settlements and other infrastructure facilities, the problems of encroachment on public land growth of slums, unauthorized constructions, large scale commercialization of residential areas and inadequacy of housing. Thus, when the Master Plan for Delhi- 2021 was being prepared for protecting certain forms of unauthorized developments from punitive action, the Delhi Laws (Special Provisions) Act, 2006 was enacted. Moreover, the said Original Act of 2011 was effective for a period of three years and was expiring on 31st day of December, 2014. However, it was seen that for the progress in evolving the policies and norms and also strategies towards the implementation of the Act, there was felt to have more time for bringing in orderly arrangements. Moreover, the objective of the extension of such time was not only sought for this reasons, but also for the offering opportunity to the Government agencies for finalising the norms, policy guidelines and feasible strategies and also orderly implementation of the plan in this connection. Thus, the present Amending Act’s concerned bill was introduced in the Lok Sabh by the Minster of Urban Development in the month of December, 2014 and it got passed from there and also from the Rajya Sabha in the same month. Moreover, this Bill has received the assent from the President of India on 26th day of December, 2014.

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Thus, the present Amending Act was necessitate basically for extending the provisions of the Original Act of 2011. The present Amending Act is providing only 5 sections in it and except the first provision, which is providing only introduction to the Act, the remaining provisions are very important. The Section 2 of the Amending Act is providing the amendment in the long title of the Original Act where the period of operation of that Original Act was further extended to till the date, 31st day of December, 2017. Moreover, the next provision in the Amending Act is providing changes in the Preamble of the Original Act, where specifically the words are replaced to add the afore mentioned date, 31st day of December, 2017. Further, the Section 4 of the Amending Act is providing the amendments in the Sub- Section (4) of the Section 1 of the Act, where the earlier expression that the Act should be ceased to have effect from 31st day of December, 2014, now the Amending Act is providing substitution of the extended date of 31st day of December, 2014.

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In the last provision of the Amending Act, the section 3 of the Original Act is amended and more particularly, it is amending the sub- section (1)(c), sub- section (2)(ii), sub- section (3) and sub- section (4) of the said Section. Thus, the present Amending Act is providing for the extension of the deadline till 31st day of December, 2017 which earlier in the Original Act of 2011 was providing that any action will not be taken till 31st December, 2014 with respect to (i) encroachment or unauthorized development as of First day of January, 2006, (ii) unauthorized colonies, village abadi areas that existed on 31st day of March, 2002 and where the construction took place up till 8th day of February, 2007, and other areas as of 8th day of February, 2007. Thus, the present Amending Act is as such offering the serving of the purpose which was sought, behind in the Bill and as such the President concerned Original Law is again as such brought into operation till 2017.

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