Prof R K Gupta (email ID: cityju@rediffmail.com) writes:

The fun of law in Courts and violations

What is going on in Delhi is pure mockery of law and logic.First
the Supreme court orders sealing of buldings violating master plan
and urban land use laws which are based on certain well defined
principles of urbanisation. People who stay in these violated
colonies and who are law abiding did buy such plots believing that
it is a residential area.Unscrupulous elements bought such
residential properties and converted these for business.No where
in civilised countries this can be seen or is permitted.
The government and bureaucrats who first helped such encroachments
laughed in face of court and Constitution by drafting a new Master
plan and changed original land use.Thus by back door they made
mockery of lacs of law abiding residents of Delhi and of
Constitution of India and the well defined system of urban
planning.
The helpless court exonerated them and stayed proceedings.
Is it not a joke and fun which a court and government babus and
politicians are playing with people ,morality and ethics?
Why people should be allowed to use residential plots for
business? It is not only a nuisance and pollution but has also
inflated property prices thus making it beyond reach of common
citizen.It is sheer disgusting that a residential plot of small
size should cost Rs 50 lacs or 1 crore for making a 2 bed room
house in Delhi,where per capita income is under Rs 80,000 per
year.Who can afford this except corrupt businessmen and
politicians? For whom master plan is changed.
This nonsense and fun with people of India must stop
immediately. Supreme court should act firmly and convict all
violaters of urban laws and also those inspectors in whose
jurisdiction houses were converted.Huge penalties running into
lacs should be put on each violater.
It is not at all logical that government draws out a plan to
circumvent law and allow violations in name of new Master plan.New
plan should impropve the things and not regularise past defaults
and crimes.I would urge Supreme court to stick to norms of urban
planning and disallow all past violations,with firm hand.
Law has to act firmly in letter and spirit both.
Tomorrow if these corrupt government will show a temple area for
toilet use in a so called new plan would court or citizens allow
this?
The principles are very clear- No commercial activities should be
allowed in residential colonies, particularly in those plots which
were meant for housing.
There is always a small provision made for essential shops and
welfare centres in all colonies.
Markets should be separately planned.
In fact Supreme court will be encouraging encroachments and wrong
acts by retrospectively allowing criminal acts of a large number
of greedy shop keepers,estate developers and businessmen.
It is these same people who opposed implementation of Model rent
control act in Delhi so they could keep occupying shops and houses
of helpless people at ridiculously outdated and miniscule rents
which also they don’t pay.
To give rights and protection to some one you do injustice with
other.What kind is this law?
This is another reason why huge property available is not released
for rental at reasonable prices as people fear to rent out due to
blackmail and refusal to vacate by tenants.And our absurd,idiotic
and slow paced judicial system and procedures don’t pass orders
for decades.Even if these are pased no one obeys it and they
helplessly look away.Is it not a judicial fraud going on in country
as such huge expenditure and wastage of time,money and health of
litigants?
We are not only a corrupt society but a wily and greedy unethical
lot ! It is sad that courts also play tune to such acts!