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

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The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014 (Act no. 39 of 2014) was enacted with the view to amend the provisions of Original Act i.e. ‘the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011’. The Amending Bill thereof, was introduced or tabled before Lok Sabha by Minister of Urban Development, Mr. Venkaiah Naidu on 16th December, 2014 and the Amending Act was assented by President of India on 26th December, 2014. The Original Act of 2011 was enacted to provide for special provisions for National Capital Territory of Delhi up to December 31st, 2014, however the provisions of this Amending Act have changed this date and it is now extended to December 31st, 2017.

The Original Act makes special provisions for the National Capital Territory of Delhi, as there had been phenomenal increase in population and as such there was seen tremendous pressure on the land due to unauthorized buildings and infrastructure.

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Section 3 of the Original Act specifies that whatever, encroachments or unauthorized constructions as Slum dwellers, Jhuggi-Jhompri clusters, hawkers, etc. should be dealt with by the norms, policy guidelines, which the Central Government to make under this provision and all the other laws, rules, regulations, etc. should not have effect while the Central Government is dealing with such programme. Even the Government is required to provide for arrangement for dealing with such encroachments and unauthorized development. The provision says that there should be orderly arrangement relocation and rehabilitation of slum dwellers, urban street vendors in Delhi. Also there should be an arrangement for regularisation of unauthorized colonies, etc. in Delhi. Even the Original Act makes provisions as to maintain the orders, judgements or decrees of the Courts, which were issued up to 8th February, 2007 in respect to such unauthorized colonies, village abadi areas, etc. However, this Amending Act changes this date and provides for new date i.e. 1st June, 2014. Also the Original Act provides that, for initiating actions against such encroachment or unauthorized development in aforesaid areas, whatever notices issued by any local body or authority should be suspended till 31st December, 2014, however, as per this Amending Act of 2014 the date is amended and new one in provided as 31st December, 2017.

In short, the provisions of this Amending Act, speaks of amendments and especially change of dates in respect of relocation of slum dwellers and Jhuggi-Jhompari clusters, Regulation of street venders, regularization of unauthorized colonies, village abadi areas and extensions thereof, creation of policy for farmhouses constructed beyond permitted limits and creation of policy for all other areas of Delhi being National Capital Territory.

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 by Faim Khalilkhan Pathan.