Capt Sandeep Bansal 15 May 2023

Nct of delhi law (special provisions) second amendment act, 2011

Sir,

How can i find out if 'NCT of Delhi Law (Special Provisions) Second Amendment Act, 2011' is applicable to DDA flats in Delhi in Vasant Kunj area?

As per my understanding, it applies only to unplanned/ unauthorised colonies, farm houses and jhuggi jhopris in NCR.

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Quick Summary

This discussion seeks to clarify whether the NCT of Delhi Laws (Special Provisions) Second Amendment Act, 2011, applies to DDA flats in areas like Vasant Kunj, particularly concerning unauthorised construction. The Act generally covers slum dwellers, unauthorised colonies, and farmhouses, but its application to DDA flats in planned areas is disputed. The user is investigating if the Municipal Corporation of Delhi (MCD) is correctly providing relief from demolition for unauthorised construction in DDA flats under this Act.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 15 May 2023

You can obtain the information by sending an application under rthe provisions of RTI act or you can contact any advocate who is specialised in such subjects in Delhi for getting clarity.

Capt Sandeep Bansal 15 May 2023

Who should I file the RTI with? Earlier I had filed RTIs with DDA, MCD, Home Ministry and Law Ministry, but no one gave any answer.

P. Venu (Advocate) 15 May 2023

What are the facts? What is the context?

Capt Sandeep Bansal 15 May 2023

The NCT of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011 provides for (i) relocating slum dwellers and Jhuggi-Jhopri clusters (ii) regularising unauthorised colonies, village abadi areas (iii) creating a policy or plan for farm houses constructed beyond permissible building limits, and (iv) not taking any punitive action and minimising inconvenience to the people of Delhi in case of any demolition or sealing of structures under the Master Plan for Delhi.

MCD has been using this Act to give relief from demolition of unauthorsed construction in DDA flats in authorised and planned localities of Delhi in Vasant Kunj and Dwarka.

I am trying to ascertain if this Act applies to unauthorired construction carried out by the owners in DDA flats, and if NOT, then MCD is wrong in giving relief to owners from demolition of unauthorised construction doen by them.