The Delhi Laws (Special Provisions) Act, 2006

(1) This Act may be called the Delhi Laws (Special Provisions)Act, 2006. (2) It extends to Delhi. (3) It shall cease to have effect on the expiry of one year from the date of its commencement, exceptas respects things done or omitted to be done before such cesser, and upon such cesser section 6 of theGeneral Clauses Act, 1897 (10 of 1897), shall apply as if this Act had then been repealed by a CentralAct.

(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 3 of1911), 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 2001 notified under the Delhi DevelopmentAct, 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 buildingcarried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or incontravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as thecase may be, and includes encroachment. (2) The words and expressions used but not defined herein shall have the meanings respectivelyassigned to 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 within a periodof one year of the coming into effect of this Act, take all possible measures to finalise norms, policyguidelines and feasible strategies to deal with the problem of unauthorised development with regard to theunder-mentioned categories, namely:-- (a) mixed land use not conforming to the Master Plan; (b) construction beyond sanctioned plans; and (c) encroachment by slum and Jhuggi-Jhompri dwellers and hawkers and street vendors, so that the development of Delhi takes place in a sustainable and planned manner. (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decreeor order of any court, status quo as on the 1st day of January, 2006 shall be maintained in respect of thecategories of unauthorised development mentioned in sub-section (1). (3) All notices issued by any local authority for initiating action against the categories of unauthoriseddevelopment referred to in sub-section(1), shall be deemed to have been suspended and no punitive actionshall be taken during the said period of one year. (4) Notwithstanding any other provision contained in this Act, the Central Government may, at anytime before the expiry of one year, withdraw the exemption by notification in the Official Gazette inrespect of one or more of the categories of unauthorised development mentioned in sub-section (2) orsub-section (3), as the case may be.

During the period of operation of thisAct, no relief shall be available under the provisions of section 3 in respect of the following categories ofunauthorised development, namely:-- (a) any construction unauthorised started or continued on or after the 1st day of January, 2006; (b) commencement of any commercial activity in residential areas in violation of the provisionsof the Master Plan of Delhi 2001 on or after the 1st day of January, 2006; (c) encroachment on public land except in those cases which are covered under clause (c) ofsub-section (1) of section 3; (d) removal of slums and Jhuggi-Jhompri dwellers and hawkers and street vendors, in accordancewith the relevant policies approved by the Central Government for clearance of land required forspecific 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.