Supreme Court asks Centre, Civic Bodies to explain regularisation of illegal colonies of affluent in Delhi

The Supreme Court on Tuesday issued notice to the Union Ministry of Housing and Urban Affairs, the Delhi Government, the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) over the regularisation and protection of affluent unauthorised colonies in the national capital..Based on MCD's affidavit, the most controversial and affluent unauthorised colonies currently identified for regularisation include Sainik Farms, Anant Ram Dairy, Defence Services Enclave, Anupam Gardens, Freedom Fighters Enclave, Bhavani Kunj, and Rajokri Enclave. These colonies house high-profile residents including politicians, businessmen, bureaucrats and retired defence officials, making their regularisation politically and socially sensitive.A Bench of Justices Abhay S Oka and Ujjal Bhuyan directed the Union Ministry of Housing and Urban Affairs, the Delhi Government, DDA and MCD to file affidavits within two months stating their justification for the protection of illegal structures belonging to affluent sections.The Bench was hearing an application filed by Amicus Curiae Senior Advocate Anitha Shenoy concerning illegal constructions in colonies such as Shri Sai Kunj in Vasant Kunj.The Court recorded that while benevolent gestures to protect unauthorised slum dwellers may be understandable, extending protection to affluent illegal colonies raised serious concernsIt observed that effort was being made to regularise affluent unauthorised colonies through laws and regulations and that there appeared to be repeated attempts to circumvent orders for demolition.“Our attention is also invited to various legislations and regulations by which benefit of regularisation is being regularly extended to illegal colonies of affluent people. We can understand some benevolent gesture on the part of the authorities in protecting slum dwellers but as rightly pointed out by learned Amicus, effort is being made to somehow, with the help of regulations or legislations, regularise unauthorised colonies of affluents,” the Court said while issuing notice to the government and civic bodies..The developments came after a fresh status report was filed by the MCD pursuant to a March 25 order in the MC Mehta vs. Union of India case. In that order, the Court had asked the MCD to disclose how many structures were covered under the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014, and to place on record the PM-UDAY scheme for regularisation.The status report filed on April 24 disclosed that in Shri Sai Kunj colony, there are 126 flats in total. Out of these, only 10 flats were protected under the 2014 Special Provisions Act while 116 flats were found illegal and show cause notices were issued only to 28 flats. The MCD stated that issuance of notices to the remaining 88 flats was still under process.The affidavit also relied upon the PM-UDAY Scheme for regularisation. However, the Supreme Court noted that under the regulations framed in 2019, affluent unauthorised colonies were explicitly excluded from the scope of PM-UDAY, and Shri Sai Kunj colony featured at serial number 43 in the list of affluent colonies annexed to the regulations.“Firstly, we do not find any reference to PM Uday Scheme anywhere. Secondly, under Regulation 7, affluent unauthorised colonies have been excluded. List of unauthorised colonies inhabited by affluent sections of society is annexed to the regulations, in which Shri Sai Kunj is at No.43. Therefore, these regulations are not applicable to Shri Sai Kunj Colony."The Court pointed out that no rights could be conferred under PM-UDAY on residents of affluent colonies and directed the MCD to explain why it had cited the PM-UDAY Scheme in support of Sai Kunj residents. “MCD owes an explanation to the court how it relied upon so-called PM Uday Scheme knowing fully well that the colony is an affluent colony,” the Bench said. It further directed that notices under Section 343/344 of the Delhi Municipal Corporation Act must be issued to all remaining 88 illegal flats within one week. .Amicus Curiae Senior Advocate S Guru Krishna Kumar submitted that under the PM-UDAY regulations, affluent unauthorised colonies such as Sai Kunj could not be regularised. He pointed out that despite the express exclusion, authorities continued to shield illegal constructions in colonies like Sai Kunj, Sainik Farms, and others.“It can’t be that the city runs on unauthorised constructions and they being regularised....Something is seriously wrong. The civic mess that this unleashes,” Krishnakumar said. The Court underscored that giving protection to ultra-affluent, illegal colonies fundamentally undermined urban planning and strained civic infrastructure without any accountability..[Read Order]