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Supreme Court on Delhi Sealing Drive and Unauthorised Construction

By Aman

Supreme Court Says Delhi’s Situation Had Become Difficult to Reverse

The Supreme Court, while hearing a case related to the sealing of unauthorised constructions in Delhi, raised serious concerns about the growing problems facing the national capital.

During the hearing on May 3, 2018, the court observed that several issues in Delhi had reached a critical stage and could not be resolved immediately. The concerns discussed included rising pollution, water-related challenges, the condition of the Yamuna and increasing traffic congestion.

Supreme Court Calls for Immediate Action

The court said that although the situation appeared difficult to reverse, authorities should not delay taking corrective measures. It emphasised that improvement would take time and could not happen instantly, but consistent efforts could gradually make a difference.

The bench also stressed that the Delhi government and other concerned authorities needed to work together and take practical steps to address the city's growing environmental and infrastructure problems.

Concerns Over Unauthorised Construction

The hearing was also connected to the issue of unauthorised constructions and the sealing action being carried out in Delhi.

The Supreme Court questioned the Delhi Development Authority (DDA) about whether it had an alternative plan in case legal provisions protecting certain unauthorised constructions were struck down.

The court indicated that authorities should be prepared for different legal outcomes instead of waiting until a decision was made before planning their next steps.

Concerns About Changes to Delhi's Master Plan

Another major issue discussed during the proceedings was the proposed amendment to the Master Plan of Delhi-2021.

The court expressed concern that changes related to Floor Area Ratio (FAR) could potentially encourage additional construction. FAR refers to the total permitted floor area of a building in relation to the size of the plot on which it is constructed.

The court pointed out that if proposed amendments were later rejected, the authorities could face difficulties. Therefore, proper planning and a backup strategy were considered necessary.

Court Questions Enforcement Practices

The Supreme Court also raised questions about how enforcement actions were being carried out. During the hearing, concerns were raised that action against encroachments appeared to affect smaller establishments and poorer sections, while similar issues involving larger properties needed equal attention.

The court stressed the importance of fair and effective enforcement instead of selective action.

Public Participation in Planning

The bench also questioned the short period provided for people to submit objections regarding proposed changes to the Master Plan.

It observed that citizens should be given adequate time to study proposed changes and present their views. The court compared the limited time offered to the public with the longer periods sometimes sought by government authorities for submitting their own responses.

Delhi Needs Long-Term Planning

The proceedings highlighted that Delhi's challenges cannot be solved through isolated actions. Problems related to pollution, water availability, traffic, unauthorised construction and urban development are interconnected and require coordinated planning.

The Supreme Court therefore stressed the need for authorities to take meaningful steps and work towards long-term improvements in the capital.

Conclusion

The Supreme Court's observations highlighted the serious urban challenges Delhi was facing in 2018. While the court described the situation as extremely difficult, it also made clear that authorities should continue working towards improvement.

Better urban planning, stronger enforcement, responsible construction and coordinated action between government agencies remain important for managing the city's infrastructure and environmental challenges.