UnAuthorised Constructions : Builders, contractors, architect to be blacklisted

New Delhi: The Centre on Tuesday told the Supreme Court that it has finalised a set of guidelines for blacklisting builders, contractors and architects responsible for unauthorised constructions in the national capital.

The government told a bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta that an advisory has also been sent to states to take precautionary measures against illegal constructions in their respective areas.

The bench sought to know from Additional Solicitor General (ASG) A N S Nadkarni, representing the Centre, as to whether the advisory was sent to the States prior to the recent fire incident in a posh Mumbai high-rise which had claimed four lives.

"Yes. It was sent before the fire incident (in Mumbai's Parel area)," the ASG said, adding "there are buildings in Mumbai where the fire tenders cannot even reach".

He said the guidelines on blacklisting the builders, contractors and architects found responsible for unauthorised constructions in Delhi were framed in pursuance to the apex court's July 18 direction.

The ASG said once the guidelines would be approved by the court, they would be made public.

During the hearing, the bench sought to know from the Delhi Development Authority (DDA) as to how many complaints did they receive on the mobile application launched to enable the citizens lodge complaints against illegal constructions and encroachments.

ASG Maninder Singh, appearing for the DDA, said they have received 1,748 complaints on the mobile application and appropriate action was being taken on them.

He said they would update the data and place it before the bench. "What about digital mapping of Delhi," the bench asked. Digital mapping is a process of collecting data which is compiled into virtual image and it gives accurate details of a particular area.

Responding to the query, Singh said deliberations with local bodies in this regard have started and they have also contacted the National Informatics Centre and the Indian Space Research Organisation regarding the same.

He said at the moment, digital mapping would cover the area of national capital of Delhi. "Look at some other cities also," the bench directed.

Senior advocate Ranjit Kumar, assisting the court as an amicus curiae in the Delhi sealing matter, said the arguments on amendment in Master Plan of Delhi-2021 were required to be heard. The bench said it would deal with the issue on September 7.

The apex court had in July directed that there would be "no stopping of sealing or demolition" of unauthorised constructions in Delhi after the Centre had said it had not given any instructions to the civic bodies to go slow or stop the sealing drive against offending structures.

The top court is dealing with the issue of validity of the Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations which protect unauthorised constructions from being sealed.