Supreme Court modifies its order staying proposed changes in Delhi master plan

A bench of Justices Madan B Lokur and Navin Sinha also asked Attorney General KK Venugopal, who appeared for the Delhi Development Authority (DDA), whether the concerned officials of the department would be immediately suspended if unauthorised constructions come up in the areas under their jurisdiction. 

Venugopal sought modification of the March 6 order and referred to the concept of separation of powers. He said the statutory authorities cannot be prohibited from framing laws.

The apex court asked the Centre to give 15 days for inviting objections for the proposed amendments and said the government should take a final call after considering all aspects.

The bench posted the matter for further hearing on May 17. 

The Master Plan-2021 is a blueprint for urban planning and expansion in the metropolis to ensure overall development.

The proposed amendments are aimed at bringing a uniform floor area ratio (FAR) for shop-cum-residential plots and complexes on par with residential plots. FAR is the ratio of a building's total floor area (gross floor area) to the size of the piece of land on which it is built.

The apex court had on March 6 stayed any "further progress" in amending the Delhi Master Plan 2021 to protect unauthorised construction from the ongoing sealing drive in the national capital, sternly observing that this 'dadagiri' (bullying tactics) must stop.

The apex court had earlier said any interference in the functioning of the court-appointed monitoring committee would amount to contempt, observing that the rule of law over sanction to construct buildings in Delhi had "completely broken down" while expressing concern over illegal construction.

It had also ordered restoration of its monitoring panel to identify and seal offending structures. The committee, comprising K J Rao, former advisor to the Election Commission, Bhure Lal, chairman of the Environment Pollution Control Authority, and Major General (Retd) Som Jhingan, was set up on March 24, 2006, by the apex court.