2 weeks ago
Delhi High Court Seeks Decision on Sainik Farms Regularisation
Sainik Farms is a neighbourhood in South Delhi that has existed for many years without full legal approval.
It began as a housing project for war widows and retired defence personnel.
The Delhi government calls it an affluent unauthorised colony.
This means many of its plots are large, but the colony’s layout has not been legally approved.
Residents and authorities have been discussing regularisation for more than a decade.
The Delhi High Court has now told the government and civic bodies to make a decision within two months.
The court said residents should not be left without a clear answer.
Officials are worried that allowing repairs or construction has led to very large houses being built.
The government also said a larger Delhi development plan is still awaiting approval.
Sainik Farms began in the late 1960s as a cooperative society for war widows and retired defence personnel.
Delhi classifies the South Delhi colony as an “affluent unauthorised” colony that has not been regularised.
The Delhi High Court ordered the Centre, Delhi government and civic authorities to decide the issue within two months.
A 2001 court order imposed a complete ban on bringing building materials into Sainik Farms, but thousands of residences were later built.
The Centre said Delhi’s Master Plan 2047 is still awaiting approval and notification by the Ministry of Housing and Urban Affairs.
- Who
- The Delhi High Court, the Centre, the Delhi government, civic authorities and Sainik Farms residents.
- What
- The court directed the authorities to decide whether Sainik Farms should be regularised.
- Where
- Sainik Farms in South Delhi, Delhi.
- When
- The direction was issued on Tuesday; the issue has been pending in court since at least 2015.
- Why
- The court said the authorities must end the colony’s prolonged legal uncertainty, while officials raised concerns about unauthorised construction and the consequences of earlier repair permissions.
Residents and Legal Certainty
Government Construction Concerns
Regularisation
Residents and Legal Certainty
Residents have sought a decision after years of uncertainty, while the colony’s legal status remains unresolved.
Government Construction Concerns
Authorities have not yet approved regularisation and are considering the issue alongside existing laws and planning regulations.
Repairs and construction
Residents and Legal Certainty
Residents previously argued that the 2001 building-material ban prevented even minor repairs and whitewashing; 93 residents were later permitted to submit repair details.
Government Construction Concerns
The Centre’s law officer said permissions granted in the past produced “catastrophic results” and contributed to large residences or “palaces” being built.
Timing of the decision
Residents and Legal Certainty
The High Court said authorities cannot keep residents in limbo and demanded a decision within two months.
Government Construction Concerns
The Centre said Master Plan 2047 is still pending approval and will take effect only after notification by the Centre.
Key facts
- Colony origin
- Started in the late 1960s as a cooperative society intended to rehabilitate war widows and retired defence personnel.
- Current classification
- An “affluent unauthorised” colony under the Delhi government’s classification.
- Regularisation deadline
- The Centre, Delhi government and civic authorities must deliberate and decide within two months.
- 2001 court order
- The Delhi High Court ordered a complete ban on the inflow of building materials into Sainik Farms.
- 2006 definition
- A colony is considered affluent unauthorised when more than 50% of its plots measure 350 square metres or more.
- MPD 2047 status
- Delhi’s Master Plan 2047 is pending approval by the Centre’s Ministry of Housing and Urban Affairs.
- Petition
- The current proceedings stem from a 2015 petition seeking regularisation of Sainik Farms.
Quotes
Additional Solicitor General Chetan Sharma
Representing the Central Government in the High Court
“"You have to take some decision. You cannot keep them in lurch. Something needs to be done. It’s your government which has been bringing legislation after legislation for regularising. There are so many areas where you permit illegality, allow it to perpetuate, and then regularise it. It is high time you should decide."”
indianexpress.com
“"Such permission granted to residents in the past has brought about catastrophic results and resulted in palaces coming up in the area."”
indianexpress.com
Sources
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