The National Capital Territory of Delhi Laws (Special Provisions) Act, 2009

(1) This Act may be called the NationalCapital Territory of Delhi Laws (Special Provisions) Second Act, 2009. (2) It extends to the National Capital Territory of Delhi. (3) It shall come into force on the 1st day of January, 2010. (4) It shall cease to have effect on the 31st day of December, 2010, except as respects things done oromitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897(10 of 1897), shall apply as if this Act had then been repealed by a Central Act.

(1) In this Act, unless the context otherwise requires,-- (a) "building bye-laws" means bye-laws made under section 481 of the Delhi MunicipalCorporation Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) ofsection 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3of1911), as in force in New Delhi or the regulations made under sub-section (1) of section 57 of theDelhi Development Act, 1957 (61 of 1957) relating to buildings; (b) "Delhi" means the entire area of the National Capital Territory of Delhi except the DelhiCantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957(66 of 1957); (c) "encroachment" means unauthorised occupation of Government land or public land by way ofputting temporary, semi-permanent or permanent structure for residential use or commercial use orany other use; (d) "local authority" means the Delhi Municipal Corporation established under the DelhiMunicipal Corporation Act, 1957 (66 of 1957), or the New Delhi Municipal Council establishedunder the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authorityestablished under the Delhi Development Act, 1957 (61 of 1957), legally entitled to exercise controlin respect of the areas under their respective jurisdiction; (e) "Master Plan" means the Master Plan for Delhi with the perspective for the year 2021,notified vide notification number S.O.141(E), dated the 7th day of February, 2007, under the DelhiDevelopment Act, 1957 (61 of 1957); (f) "notification" means a notification published in the Official Gazette; (g) "punitive action" means action taken by a local authority under the relevant law againstunauthorised development and shall include demolition, sealing of premises and displacement ofpersons or their business establishment from their existing location, whether in pursuance of courtorders or otherwise; (h) "relevant law" means in case of-- (i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957); (ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957(66 of 1957); and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994(44 of 1994); (i) "unauthorised development" means use of land or use of building or construction of buildingor development of colonies carried out in contravention of the sanctioned plans or without obtainingthe sanction of plans, or in contravention of the land use as permitted under the Master Plan or ZonalPlan or layout plan, as the case may be, and includes any encroachment. (2) Words and expressions used but not defined herein shall have the meanings respectively assignedto them in the Delhi Development Act, 1957 (61 of 1957) the Delhi Municipal Corporation Act, 1957(66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994).

(1) Notwithstanding anything contained in any relevantlaw or any rules, regulations or bye-laws made thereunder, the Central Government shall before theexpiry of this Act, take all possible measures to finalise norms, policy guidelines, feasible strategies andmake orderly arrangements to deal with the problem of encroachment or unauthorised development in theform of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors,unauthorised colonies, village abadi area (including urban villages) and its extension, existing farmhouses involving construction beyond permissible building limits and schools, dispensaries, religiousinstitutions, cultural institutions, storages, warehouses and go downs used for agricultural inputs orproduce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below: (a) policy for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri clusters inaccordance with the provisions of the Master Plan of Delhi, 2021 to ensure development of Delhi in asustainable, planned and humane manner; (b) scheme and orderly arrangements for regulation of urban street vendors inconsonance with thenational policy for urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021; (c) orderly arrangements pursuant to guidelines and regulations for regularization of unauthorisedcolonies, village abadi area (including urban villages) and its extension, as existed on the 31st day ofMarch, 2002, and where construction took place even beyond that date and up to the 8th day ofFebruary, 2007; (d) policy regarding existing farm houses involving construction beyond permissible buildinglimits; and (e) policy or plan regarding schools, dispensaries, religious institutions, cultural institutions,storages, warehouses and go downs used for agricultural inputs or produce (including dairy andpoultry) in rural areas built on agricultural land. (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decreeor order of any court, status quo-- (i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development;and (ii) in respect of unauthorised colonies, village abadi area (including urban villages) and itsextension, which existed on the 31st day of March, 2002 and where construction took place evenbeyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1), shall be maintained. (3) All notices issued by any local authority for initiating action against encroachment orunauthorised development referred to in sub-section (1), shall be deemed to have been suspended and nopunitive action shall be taken till the 31st day of December, 2010. (4) Notwithstanding any other provision contained in this Act, the Central Government may, at anytime before the 31st day of December, 2010, withdraw the exemption by notification in respect ofencroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the casemay be.

During the period of operation of this Act,no relief shall be available under the provisions of section 3 in respect of the following encroachment orunauthorised development, namely:-- (a) encroachment on public land except in those cases which are covered under clauses (a),(b)and (c) of sub-section (1) of section 3; (b) removal of slums and Jhuggi-Jhompri dwellers, hawkers and urban street vendors,unauthorised colonies or part thereof, village abadiarea (including urban villages) and its extension inaccordance with the relevant policies approved by the Central Government for clearance of landrequired for specific public projects.

The Central Government may, from time totime, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions ofthis Act and it shall be the duty of the local authorities, to comply with such directions.