Sainik Farm’s fate hangs on, Delhi HC says decide
The Delhi High Court has declared it "high time" for authorities to decide the fate of Sainik Farm residents, instructing the central government, Delhi administration, Delhi Development Authority (DDA), and Municipal Corporation of Delhi (MCD) to determine the status of the South Delhi colony. Chief Justice DK Upadhyaya and Justice Tejas Karia urged the government to clarify the situation for the colony's residents.
Sainik Farm, an affluent neighborhood in South Delhi, remains unauthorised and has yet to receive regularisation. The court emphasized that it wasn't focused on the type of decision the authorities would make, only that a decision must be made promptly to inform the residents of their standing. The bench tasked the Union housing and urban affairs ministry, Delhi government, DDA, and MCD to meet and create a plan of action, which would be presented in the form of an affidavit from a competent authority of the ministry.
The lack of a decision by the government agencies has left residents unable to carry out repairs. While construction in the colony is illegal, the court suggested authorities consider a scheme to address existing structures. They could charge development fees, save certain types of constructions, demolish specific structures, and conduct a survey to save as much as possible.
Additional Solicitor General Chetan Sharma indicated that the government could only take a comprehensive approach after the Master Plan Delhi 2047 was approved and published by the DDA.
The court questioned the approach of allowing illegalities to persist and then attempting to regularise them, as well as the purpose of a special protection law if illegal constructions were to be regularised later. The court noted that the approval of MPD 2047 could take some time, and the plan would only come into effect after publication.
Therefore, the authorities were asked to hold a meeting on Sainik Farm's regularisation within two months and present the outcome to the court. The matter will be revisited in November.
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