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Chapter 3.7.4: In Re: Regularisation of Unauthorised Colonies in Delhi

(Delhi Government is playing with Fire)

(August 2012)

At the very outset, I ought to disclose that I am an inhabitant of an unauthorized colony which is in the list of 917 colonies having been given approval for regularization by the centre.

I think it is inevitable to regularize unauthorized colonies now, and elsewhere I have also opined that the unauthorized colonies have, ironically, been a boon for the citizens of Delhi. However, the Delhi Government is trying to short-circuit the process. In the guidelines for regularization as well as the regulations for regularization, there is a clear mention of WP(c) 725 of 1994 in the SC and WP(c) 4771 of 1993 in the DHC. In the SC, the Delhi Government has filed an IA no. 32 in the WP (c) 725 of 1994 seeking permission to start with the process of regularization. The IA has not been decided till now. In the DHC, the Delhi Government had last filed a CMA no. 14406/2009 in the WP(c) 4771 of 1993 seeking permission to provide amenities like sewerage, drainage, etc, in the unauthorized colonies; the DHC vide order dt. 05.03.2012 didn’t grant any permission and left it open for the authorities to do so at their own risk. The Delhi Government has carried out extensive development work in the unauthorized colonies in the last two years through its various agencies. Now, the Delhi Government is hell bent on issuing notification for regularization of 917 colonies without approaching the courts first.

From the above, it is a clear political self goal by the Delhi Government. If the opposition would desire, it will very easily make a scam out of it (the real estate prices are going to touch sky high after the regularization) and will cause another embarrassment to the Congress Government, both at the centre and the State.

However, since I am not a politician, I will clearly spell out the legal position. The SC, in order dt. 14.02.2006 passed in WP (c) 725 of 1994, has directed the Delhi Government not to carry out any regularization if they can’t ensure basic amenities to the colonies. It was an open order, and, it seems, the IA was filed as an abundant caution; but, now, going ahead with the regularization without waiting for the disposal of the IA is nothing less than a suicide. Similarly, the DHC in CMA no. 7829 of 1993 in WP (c) 4771 of 1993 passed an interim order dt. 13.10.1993 restraining the respondents (the Centre as well the State) from taking any further action for regularizing unauthorized colonies till further orders. The WP (c) 4771 of 1993 was finally disposed off on 27.02.2001 as having become infructuous after formulation of the guidelines for regularization as there was no challenge to the guidelines. However, the DHC also gave directions to the respondents that till the time modalities in terms of the guidelines are worked out, the interim order passed earlier shall remain operative. The modalities/regulations for regularization were later on drafted and filed before the DHC vide CMA no. 5916 of 2008 in WP (c) 4771 of 1993; however, in the said CMA, no prayer was made for the vacation of the interim order dt. 13.10.1993 – this was the most ill-advised application — thus the DHC just took the regulations on record and didn’t pass any further orders. Thereafter, the Delhi Government has filed further CMAs seeking permission to provide amenities. In one of the application, the DHC also made an observation that there is no need to seek the permission of the court, but the Delhi Government kept filing the CMAs even after that with the latest CMA being the CMA no. 14406/2009, which was disposed off on 05.03.2010, and, while disposing off the CMA, the DHC clearly observed that the courts are seized of the question whether illegal colonies are to be regularized or not. The Delhi Government, it seems, has not understood the legal position at all by now construing that there is no stay on regularization.

Furthermore, the Delhi Government, in the hurry to regularize, has not even given an opportunity to the general public to raise objections with respect to the boundaries of unauthorized colonies fixed by it. Earlier, it had issued a notice inviting objections with respect to 51 colonies, but no notice has been issued thereafter, and now 917 colonies are being regularized without inviting any public objections. Also, the latest amendment carried out by the Delhi Government in regulations for regularization has rendered the clause 4.4 of the regulations useless, which provided for public participation at the RWA level before regularization of the colonies. I wonder what the Delhi Government is up to. The notification regularizing the colonies will certainly be quashed by the courts.

From the above, any body can construe that the ongoing regularization of colonies is nothing but political expediency, with which I have no problems, but that shouldn’t lead to arbitrariness and contempt of court. Somebody tell the Delhi Government that they are indeed playing with fire. © 2012-2015 Ankur Mutreja