Regularization of unauthorized colonies in Delhi is a hot issue, and it is also inevitable but to regularize them. Elsewhere, I have also opined that the unauthorized colonies have, ironically, been a boon for the citizens of Delhi. However, the Delhi government is trying to short-circuit the process of regularization of unauthorized colonies in Delhi. In the guidelines for regularization as well as in the regulations for regularization, there is a clear mention of WP(c) 725 of 1994 in the Supreme Court of India (SCI) and WP(c) 4771 of 1993 in the Delhi High Court (DHC). In the SCI, the Delhi government has filed an IA no. 32 in WP(c) 725 of 1994 seeking permission to start with the process of regularization.

The IA has not been decided till now. In the DHC, the Delhi government had last filed a CMA no. 14406/2009 in the WP(c) 4771 of 1993 seeking permission to provide amenities like sewerage, drainage, etc, in the unauthorized colonies. The DHC vide order dt. 05.03.2012 didn’t grant any permission and left it open for the authorities to do so at their own risk. The Delhi government has carried out extensive development work in the unauthorized colonies in the last two years through its various agencies. Now, the Delhi government is hell bent on issuing notification for regularization of 917 colonies without approaching the courts first.

Let me clearly spell out the legal position. The SCI, in order dt. 14.02.2006 passed in WP (c) 725 of 1994, has directed the Delhi government not to carry out any regularization if they can’t ensure basic amenities in the colonies. It was an open order, and, it seems, the IA no. 32 was filed as an abundant caution. But, after having filed the IA, not waiting for the disposal of the IA before regularizing the colonies is nothing less than a suicide. Similarly, the DHC in CMA no. 7829 of 1993 in WP (c) 4771 of 1993 passed an interim order dt. 13.10.1993 restraining the respondents (the centre as well as the state) from taking any further action for regularizing unauthorized colonies till further orders.

The WP (c) 4771 of 1993 was finally disposed off on 27.02.2001 for having become infructuous after formulation of the guidelines for regularization as there was no challenge to the regulations. However, the DHC also gave directions to the respondents that till the time modalities in terms of the guidelines are worked out, the interim order passed earlier shall remain operative. The modalities/regulations for regularization were later on drafted and filed before the DHC vide CMA no. 5916 of 2008 in WP (c) 4771 of 1993. In the said CMA, no prayer was made for the vacation of the interim order dt. 13.10.1993 – this was the most ill-advised application – thus the DHC just took the regulations on record and didn’t pass any further orders.

Thereafter, the Delhi government has filed further CMAs seeking permission to provide amenities. In one of the application, the DHC also made an observation that there is no need to seek the permission of the court, but the Delhi government kept filing the CMAs even after that with the latest CMA being CMA no. 14406/2009, which was disposed off on 05.03.2010. While disposing off the CMA, the DHC clearly observed that the courts are seized of the question whether illegal colonies are to be regularized or not. The Delhi government it seems has not understood the legal position at all by now construing that there is no stay on regularization.

Furthermore, the Delhi government, in the hurry to regularize the colonies, has not even given an opportunity to the general public to raise objections with respect to the boundaries of unauthorized colonies fixed by it. Earlier, it had issued a notice inviting objections with respect to 51 colonies, but no notice has been issued thereafter, and now 917 colonies are being regularized without inviting any public objections. Also, the latest amendment carried out by the Delhi government in regulations for regularization has rendered the clause 4.4 of the regulations useless, which provided for public participation at the RWA level before regularization of the colonies. The notification regularizing the colonies will certainly be quashed by the courts.

From the above, any body can construe that the ongoing regularization of colonies is nothing but political expediency, with which I have no problem, but it shouldn’t lead to arbitrariness. Somebody tell the Delhi government that they are indeed playing with fire.

Note: I believe a fresh CWP has been filed in the DHC for restraining the government from carrying out regularization. I am not aware of the contents of the CWP and of the grounds taken in it and am taking the risk of writing this blog post during the pendency of the said CWP.