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Act 039 of 2014 : National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014

Preamble

National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 20141

[No. 39 of 2014][26th December, 2014]

An Act to amend the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011

Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows-

1. Received the assent of the President on December 26, 2014 and published in the Gazette of India, Extra., Part II, Section 1, dated 29th December, 2014, pp. 1-2, No. 47

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-The phenomenal growth of Delhi had its inevitable implications and impact in terms of shelter, including squatter settlements, and other infrastructure facilities. This has led to problems of encroachment on public land, growth of slums, unauthorised constructions, large scale commercialisation of residential areas and inadequacy of housing.

2. Further when Master Plan for Delhi-2021 (MPD-2021) was being prepared, in order to protect certain forms of unauthorised developments from punitive action, the Delhi Laws (Special Provisions) Act, 2006 was enacted on 19th May, 2006 which was effective for a period of one year. This was followed by similar Acts which were also effective for one year each. However, the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 was effective for a period of three years and is expiring on the 31st December, 2014.

3. As per the provisions of the said Act of 2011, orderly arrangements had to be made for relocation or rehabilitation of slum dwellers and Jhuggi-Jhompri clusters; regulation of street vendors; regularisation of unauthorised colonies, village abadi areas and their extensions and existing farm houses; regularisation of schools, dispensaries, religious and cultural institutions, storages, warehouses and godowns built on agricultural land; redevelopment of existing godown clusters and building regulations for Special Areas.

4. While progress has been made in evolving the policies, norms and strategies towards implementation of the Act, more time is needed to bring in orderly arrangements keeping in view the current ground realities in the National Capital Territory of Delhi. Further the norms, policies and guidelines for unauthorised developments, including complexities in regularising unauthorised colonies, may also need to be appropriately modified to bring them in conformity with revised MPD-2021. The review of MPD-2021 is likely to be completed in early 2015.

5. The objective of the extension of time is not only to protect certain forms of unauthorised developments from punitive action in the National Capital Territory of Delhi but also to provide for opportunity to the Government agencies to finalise the norms, policy guidelines and feasible strategies as well as the orderly implementation of the plan in this regard.

6. In view of above, it is necessary to extend the provisions of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) for a period of three years from 1st January, 2015 to 31st December, 2017.

Section 1. Short title

1. Short title.-This Act may be called the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014.

Section 2. Amendment of long title

2. Amendment of long title.-In the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 (20 of 2011) (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters "for a further period up to the 31st day of December, 2014", the words, figures and letters "for a further period up to the 31st day of December, 2017" shall be substituted.

Section 3. Amendment of Preamble

3. Amendment of Preamble.-In the principal Act, in the last paragraph of the Preamble, for the words, figures and letters "for a period up to the 31st day of December, 2014", the words, figures and letters "for a period up to the 31st day of December, 2017" shall be substituted.

Section 4. Amendment of Section 1

4. Amendment of Section 1.-In the principal Act, in Section 1, in sub-section (4), in the opening portion, for the words, figures and letters "It shall cease to have effect on the 31st day of December, 2014", the words, figures and letters "It shall cease to have effect on the 31st day of December, 2017" shall be substituted.

Section 5. Amendment of Section 3

5. Amendment of Section 3.-In the principal Act, in Section 3,-

(a) in sub-section (1), in clause (c), for the words, figures and letters "up to the 8th day of February, 2007", the words, figures and letters "up to the 1st day of June, 2014" shall be substituted;

(b) in sub-section (2), in clause (ii), for the words, figures and letters "up to the 8th day of February, 2007", the words, figures and letters "up to the 1st day of June, 2014" shall be substituted;

(c) in sub-section (3), for the words, figures and letters "till the 31st day of December, 2014", the words, figures and letters "till the 31st day of December, 2017" shall be substituted;

(d) in sub-section (4), for the words, figures and letters "at any time before the 31st day of December, 2014", the words, figures and letters "at any time before the 31st day of December, 2017" shall be substituted.