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Sealing: BJP suggests amendment in DMC Act
November 10, 2006 23:45 IST
"In the Supreme Court, the MCD argued that it had the power to seal premises with unauthorised construction and misuse of property," BJP General Secretary Arun Jaitley told reporters here.
He contended that the sealing drive could be halted temporarily by amending Section 345A of the Delhi Municipal Corporation Act by adding a clarification that "the power of sealing under the provisions would apply in the case of unauthorised constructions only.
In a letter to Prime Minister Manmohan Singh, city BJP chief Harsh Vardhan and Leader of Opposition in the Assembly Jagdish Mukhi said such an amendment would change the very basis of the judicial directions under which the MCD is now under legal obligation to seal thousands of properties in Delhi.
"We believe that this amendment should be carried on as a transient measure till such time the entire planning of Delhi had been analysed and the number of commercial and office spaces in Delhi have been notified as per the new Masterplan," they said.
Jaitley said "the Congress-led administrations in the MCD, Delhi Government and the Centre have showed that they lack in the art of statecraft by taking knee-jerk steps to stop the court-ordered sealing drive."
Jaitley said the MCD, Delhi Government and the Centre have made no effort to find a lasting solution to the sealing issue. "All responses have been knee-jerk and ill-advised."
He said despite warnings from the BJP, the Centre went ahead and enacted the Delhi Laws (Special Provisions) Act, which has led to a confrontation with the judiciary.
"The Parliament cannot simply overturn the judgement of the Supreme Court as it would be an enroachment on judicial powers," he said.
Noting that land use in the capital is governed by the Delhi Municipal Corporation Act and the Delhi Development Act, both of which do not apply in New Delhi Municipal Council and cantonment area, Mukhi demanded parity in laws in the capital.
"Different laws applicable for different citizens in different localities should not be permitted in the capital," Mukhi said.