New Delhi: The Supreme Court on Friday granted an interim stay on a Delhi High Court order directing altering of the scheme introduced by the MCD to regularise unauthorised construction.
The Centre had earlier relaxed the norms for building regulation and more ground coverage and Floor Area Ratio was granted and a recommendation was made for regularisation on payment of fees.
Following which the MCD laid down the scheme that applications in this regard could be filed by May 31 with an undertaking that non-compoundable deviations would be demolished by the applicant by July 2007.
However, after the scheme was challenged, the High Court formulated a different policy by which the applicant would have to first demolish the unauthorised portion at the time of submission of the application by May 31.
Aggrieved by this order, the MCD had approached the apex Court, which said the application can be filed in this regard without demolishing the portion not covered under the scheme.
"Let the application be accepted without the undertaking about demolition," a Bench headed by Justice Arijit Pasayat said.
MCD had contended that the interference by the High Court in policy matters and laying down and substituting its own opinion by re-drafting the policy was beyond its jurisdiction.
(With agency inputs)
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