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NEW DELHI: The Delhi government on Wednesday came under fire from the Delhi high court for dithering on its stand on Sainik Farms. “Either you regularize or we flatten the unauthorized area,” the bench observed.
Giving two weeks time to Delhi government and further two weeks
to Centre to finalize their policy on regularization of Sainik Farms, inhabited by affluent people, an angry bench of justices B D Ahmed and Sanjeev Sachdeva made it clear that only two options are available for the authorities.
“The ball is in the Delhi government’s court, be it regularization or demolition. Do you want to save or demolish Sainik Farms? Either you regularize the colony with stringent financial conditions, or you say we won’t regularize. Then we will order demolition of all properties,” the bench observed. HC expressed its frustration with Centre and state government passing the buck. “This has been going on endlessly. We want a policy in four weeks,” the court said, directing the Delhi government to forward to the ministry of urban development, within two weeks, a concrete proposal on regularization or otherwise of Sainik Farms area in south Delhi. It listed the case for next hearing on August 19.
The bench issued the directions after MoUD, represented by additional solicitor general Sanjay Jain said it held several meetings with all stakeholders on regularization of unauthorized colonies inhabited by affluent people and in one such meeting Delhi government had said it would frame regulations for the same. In its affidavit Centre also told the court that, since then state government was asked to expedite amendment of Regulations of 2008 pertaining to regularization of unauthorized colonies and subsequently, reminders were also sent.
On July 1, the Delhi government wrote to Centre saying it would take three more months to “concretize” amendment of the regulations and forward it to MoUD. This prompted the court to pull up the state government saying it is indulging in “typical red tape”. The Delhi government also submitted an affidavit through its counsel Raman Duggal seeking four more months to submit a report as sought by the court with regard to extent of illegal or unauthorized construction in Sainik Farms from February 8, 2007.
The bench, however, refused to grant the amount of time sought by Delhi government, saying the court can take a decision in much less time if the government cannot. HC is hearing an NGO’s PIL against illegal constructions in Sainik Farms in south Delhi blaming authorities for “legalizing what has been illegal”. The National Capital Territory of Delhi Laws (Special Provisions) Amendment Bill, 2014 passed by the Lok Sabha has extended the validity of the NCT of Delhi Laws (Special Provisions) Second Act, 2011 up to December 31, 2017 from December 31, 2014.