Parliament passes Bill: Extends relief for unauthorised constructions in the National Capital Territory

The national capital territory of delhi laws (special provisions) second (amendment) act, 2023 ("Amendment Act") has received the assent of the President on December 24, 2023, bringing immense relief to the people of NCT of Delhi. The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011(the “Principal Act”) was introduced with an objective to address issues of commercial use of residential premises, problems relating to urban street vendors, unauthorized colonies, and encroachment on public land.

Through the Amendment Act, the validity of the Principal Act has now been extended till December 31, 2026, considering that the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Regulations, 2019, which provide for conferring ownership rights to the residents of unauthorized colonies, were notified on March 8, 2022 and would require time to be implemented.

In view of the Amendment Act, all notices for actions against encroachment or unauthorized development shall deemed to be suspended and shall not attract punitive actions till December 31, 2026, subject to certain conditions mentioned in the Principal Act. The government has provided temporary reliefs, minimized hardships & irreparable losses caused by demolitions or sealings or otherwise. However, the reliefs granted by the extensions in this amendment may be withdrawn at any time before the repeal date.