The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011

(1) This Act may be called the NationalCapital Territory of Delhi Laws (Special Provisions) Second Act, 2011. (2) It extends to the National Capital Territory of Delhi. (3) It shall come into force on the 1st day of January, 2012. (4) 1[It shall cease to have effect on the 31st day of December, 2023], except as respects things doneor omitted 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and upon such cesser section 6 of the General Clauses Act, 1897(10 of 1897), shall apply as if this Act had then been repealed by a Central Act.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 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 other thanstreets, lanes, footpath and parks, by way of putting temporary, semi-permanent or permanentstructure for residential use or commercial use or any 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; 1[(e) "Master Plan" means the Master Plan for Delhi as notified under the Delhi DevelopmentAct, 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 of persons 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) "special area", shall have the meaning assigned to it in clause (vi) of regulation 2 of theBuilding Regulations for Special Area, Unauthorised Regularised Colonies and Village Abadis, 2010notified in the Gazette of India vide S.O. 97(E), dated the 17th January, 2011; (j) "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) 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 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, 1*** unauthorised colonies, villageabadi area (including urban villages), and their extensions, existing farm houses involving constructionbeyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions,storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) inrural areas built on agricultural land, as mentioned below:-- (a) orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompriclusters in Delhi in accordance with the provisions of the Delhi Urban Shelter Improvement BoardAct, 2010 (Delhi Act 7 of 2010) and 2[the Master Plan] to ensure its development in a sustainable,planned and humane manner; 3* * * * * 4[(c) orderly arrangements in accordance with the provisions of the National Capital Territory ofDelhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019 (45 of2019), the National Capital Territory of Delhi (Recognition of Property Rights of Residents inUnauthorised Colonies) Regulations, 2019 and the regulations for village abadi area (including urbanvillages) and their extensions as per the following cut-off dates:-- (i) for unauthorised colonies as provided in the National Capital Territory of Delhi(Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019; (ii) for village abadi area (including urban villages) and their extensions as existed on the 31stday of March, 2002 and where construction took place even beyond that date and up to 1st day ofJune, 2014;] (d) policy regarding existing farm houses involving construction beyond permissible buildinglimits; (e) policy or plan for orderly arrangement regarding schools, dispensaries, religious institutions,cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce(including dairy and poultry) in rural areas built on agricultural land and guidelines for redevelopmentof existing godown clusters (including those for a storage of non-agricultural goods) required to caterto the needs of the people of the National Capital Territory of Delhi; (f) orderly arrangements in respect of special areas in accordance with the Building Regulationsfor Special Area, Unauthorised Regularised Colonies and Village Abadis, 2010 within overall ambitof Master Plan in force; and (g) policy or plan for orderly arrangements in all other areas of the National Capital Territory ofDelhi in consonance with the Master Plan on its review. (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; 5[(ii) in respect of unauthorised colonies identified under the National Capital Territory of Delhi(Recognition of Property Rights of Residents in unauthorised Colonies) Regulations, 2019, in respectof village abadi area (including urban villages) and their extensions, which existed on the 31st day ofMarch, 2002, and in aforesaid categories, where construction took place up to 1st day of June, 2014,as mentioned in sub-section (1);] (iii) in respect of special areas as per the Building Regulations for Special Area, UnauthorisedRegularised Colonies and Village Abadis, 2010; and (iv) in respect of all other areas within the National Capital Territory of Delhi as on the 8th dayof February, 2007,shall be maintained. Explanation.-- For the purposes of this sub-section, it is hereby clarified that any developmentapproved by the competent authority or the local authority under the relevant laws and the rules orregulations made thereunder, including repairs permissible under the building bye-laws in force, shallcontinue to remain permitted. (3) All notices issued by any local authority for initiating action against encroachment orunauthorised development in respect of areas referred to in sub-section (1), shall be deemed to have beensuspended and no punitive action shall be taken 6[till the 31st day of December, 2023], if-- (a) it is constructed prior to the dates specified for different areas as enumerated insub-section (2); (b) it conforms to the safety standards as in force or such other safety requirements as may benotified by the Central Government; and (c) it complies with the directions with respect to safety, if any, issued by the CentralGovernment: Provided that in case punitive action is required to be taken by any local authority, prior approval ofthe Administrator of the National Capital Territory of Delhi or the officer authorised by him in thisbehalf, shall be obtained by the authority or officer concerned. (4) Notwithstanding any other provision contained in this Act, the Central Government may, 7[at anytime before the 31st day of December, 2023], 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 1[(a) and(c)] of sub-section (1) of section 3; (b) removal of slums and Jhuggi-Jhompri dwellers, 2*** unauthorised colonies or part thereof,village abadi area (including urban villages) and their extensions in accordance with the relevantpolicies approved by the Central Government for clearance of land required for specific publicprojects.

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