No punitive action till Dec 31, Delhi HC told in Sainik farms regularisation plea
The Centre in August 2022 had opposed any order for permitting residents of Sainik Farms to undertake any repair of their properties, submitting that though the residential area may have legal protection against demolitions, it is still a “purely unauthorised colony”
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A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a 2015 plea moved by one Ramesh Dugar, convenor of the area development committee at Sainik Farms, for regularisation of colonies in the area. (File Photo) While hearing a plea pertaining to regularisation of colonies at Sainik Farms, the Delhi High Court was informed Friday that the Centre, Delhi Development Authority, and Delhi government will not be taking any “punitive action” till December 31.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a 2015 plea moved by one Ramesh Dugar, convenor of the area development committee at Sainik Farms, for regularisation of colonies in the area.
During the course of the hearing, the HC said that “they will be the last person to regularise these colonies”. “It is for the Government of India to take a call,” it said, after the Centre submitted that they need some time to take a call on the issue.
The court, however, noted that the Centre was clear that for repairs, whether minor or major, “not a brick more” can be laid in these colonies.
The bench, however, told Additional Solicitor General Aishwarya Bhati, appearing for the Centre, “You have to take a decision whether you are regularising them or not… please try to resolve it at the earliest”, and listed the matter in August.
Bhati had submitted that for repair and construction, there is no provision under the existing law to grant any permission. The ASG further said there was a meeting of a high-powered committee which took place on Thursday.
Perusing through the minutes of the meeting, the high court noted that they “reveal that the Government of India/Delhi Development Authority/Delhi government will not be taking any punitive action till December 31, 2023” in respect of these colonies. The Centre said it shall be expediting in the matter of taking a policy decision in respect of these colonies.
The court did take note of the fact that householders should know what their future is, since they had spent a “huge amount of money” in constructing these homes.
The Centre in August 2022 had opposed any order for permitting residents of Sainik Farms to undertake any repair of their properties, submitting that though the residential area may have legal protection against demolitions, it is still a “purely unauthorised colony”.
The Centre had previously told the court that there are 69 affluent colonies and 1,797 non-affluent colonies. A decision has been taken that the process of regularisation of non-affluent colonies will be undertaken first and only after the process is complete, affluent colonies will be looked into, it had submitted.
The Centre had then informed the HC that there is a 2001 order that prevents transport of construction material into the area, and earlier minor repairs were permitted under strict directions of the court.
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