“Never mind. Suffer for some more time” – says Supreme court

News article by Ruchika Bhardwaj of Certes Realty Ltd.

The title of this article is not supposed to scare, but to point out the objectivity with which the highest courts are tackling the many relevant, as well as frivolous cases filed in the Supreme court, related to the Delhi Master Plan MPD 2021.

During last week, a three Judge bench of Justice B Sudershan Reddy, P Sathasivam & G S Singhvi declined to have an early hearing to many a petitions and applications moved before it on the properties which were sealed OR related to unauthorized constructions in Delhi. The Apex court reasoned that the principal issue which they would consider first is the challenge to the validity of the Delhi master plan 2021. It also gave heed to the more than 400 odd applications which are in some way connected with the principal issue of the validity of MPD 2021. Several NGOs and vested interest parties had challenged the validity of the MPD 2021 on grounds that many of the decisions taken under the draft master plan 2021 would lead to chaos in the capital as it is already reeling under shortages of power, water, civic infrastructure, motorable roads etc.

While some counsel were pushing & pleading that the Apex court take up individual applications relating to sealing, at an earlier date than September 2009, the bench issued a cryptic rejoinder – “Never mind, suffer for some more time. It is just a question of a few days more”. Very rightly so. It has decided to address the core issue of the validity of the MPD 2021, rather than the individual applications.

One would recall that the court had said last year that the relief sought by many applicants claiming relief under the latest amendments to the master plan, as well as the various regularization of unauthorized colonies would be subject to the outcome of the matter already under the courts’ scrutiny. Moreover, a high powered committee assisting the courts in assessing the feasibility of de-congesting the city had expressed reservations on the rapidly growing population without a corresponding development of infrastructure.

Senior counsel Ranjit Kumar pointed out during the hearing last week that since most of the arguments & pleadings have been concluded, the court can fix the matter for final hearing.

We are likely to hear more about this around the 15th of September’ 09.

Like they say – “Inshallah, let brevity be injected so that we decisively move forward, rather than sway sideways”.

One comment

  • people just delay the process by filing in frivolous cases. The courts should take stringent action against those who file vague petitions. Such people dont understand that they are stalling or delaying the progress of the country by holding back master plans. Rather, they should take specific instances and sort out with the government.

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