1. Short title, extent, commencement and duration.—(1) This Act may be called the National
Capital Territory of Delhi Laws (Special Provisions) Act, 2011.
(2) It extends to the National Capital Territory of Delhi.
(3) It shall be deemed to have come into force on the 1st day of January, 2011.
(4) It shall cease to have effect on the 31st day of December, 2011, except as respects things done or
omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897
(10 of 1897), shall apply as if this Act had then been repealed by a Central Act.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “building bye-laws” means bye-laws made under section 481 of the Delhi Municipal
Corporation Act, 1957 (66 of 1957) or the bye-laws made under section 188, sub-section (3) of
section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911 (Punjab Act 3 of
1911), as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the
Delhi Development Act, 1957 (61 of 1957), relating to buildings;
(b) “Delhi” means the entire area of the National Capital Territory of Delhi except the Delhi
Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957
(66 of 1957);
(c) “encroachment” means unauthorised occupation of Government land or public land by way of
putting temporary, semi-permanent or permanent structure for residential use or commercial use or
any other use;
(d) “local authority” means the Delhi Municipal Corporation established under the Delhi
Municipal Corporation Act, 1957 (66 of 1957), or the New Delhi Municipal Council established
under the New Delhi Municipal Council Act, 1994 (44 of 1994) or the Delhi Development Authority
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established under the Delhi Development Act, 1957 (61 of 1957), legally entitled to exercise control
in respect of the areas under their respective jurisdiction;
(e) “Master Plan” means the Master Plan for Delhi with the perspective for the year 2021,
notified vide notification number S.O.141(E), dated the 7th day of February, 2007 under the Delhi
Development Act, 1957 (61 of 1957);
(f) “notification” means a notification published in the Official Gazette;
(g) “punitive action” means action taken by a local authority under the relevant law against
unauthorised development and shall include demolition, sealing of premises and displacement of
persons or their business establishment from their existing location, whether in pursuance of court
orders or otherwise;
(h) “relevant law” means in case of—
(i) the Delhi Development Authority, the Delhi Development Act, 1957 (61 of 1957);
(ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957
(66 of 1957); and
(iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994
(44 of 1994);
(i) “unauthorised development” means use of land or use of building or construction of building
or development of colonies carried out in contravention of the sanctioned plans or without obtaining
the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal
Plan or layout plan, as the case may be, and includes any encroachment.
(2) Words and expressions used but not defined herein shall have the meanings respectively assigned
to them in the Delhi Development Act, 1957 (61 of 1957), the Delhi Municipal Corporation Act, 1957
(66 of 1957) and the New Delhi Municipal Council Act, 1994 (44 of 1994).
3. Enforcement to be kept in abeyance.—(1) Notwithstanding anything contained in any relevant
law or any rules, regulations or bye-laws made thereunder, the Central Government shall before the
expiry of this Act, take all possible measures to finalise norms, policy guidelines, feasible strategies and
make orderly arrangements to deal with the problem of encroachment or unauthorised development in the
form of encroachment by slum dwellers and Jhuggi-Jhompri clusters, hawkers and urban street vendors,
unauthorised colonies, village abadi area (including urban villages), and its extension, existing farm
houses involving construction beyond permissible building limits and schools, dispensaries, religious
institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or
produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:
(a) orderly arrangements for relocation and rehabilitation of slum dwellers and Jhuggi-Jhompri
clusters in the National Capital Territory of Delhi in accordance with the provisions of the Delhi
Urban Shelter Improvement Board Act, 2010 (Delhi Act 7 of 2010) and the Master Plan for Delhi,
2021 to ensure its development in a sustainable, planned and humane manner;
(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with
the national policy for urban street vendors and hawkers as provided in the Master Plan for Delhi,
2021;
(c) orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised
colonies, village abadi area (including urban villages) and its extension, as existed on the 31st day of
March, 2002, and where construction took place even beyond that date and up to the 8th day of
February, 2007;
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(d) policy regarding existing farm houses involving construction beyond permissible building
limits; and
(e) policy or plan for orderly arrangement regarding schools, dispensaries, religious institutions,
cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce
(including dairy and poultry) in rural areas built on agricultural land.
(2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree
or order of any court, status quo—
(i) as on the 1st day of January, 2006 in respect of encroachment or unauthorised development;
and
(ii) in respect of unauthorised colonies, village abadi area (including urban villages) and its
extension, which existed on the 31st day of March, 2002 and where construction took place even
beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1),
shall be maintained.
(3) All notices issued by any local authority for initiating action against encroachment or
unauthorised development referred to in sub-section (1), shall be deemed to have been suspended and no
punitive action shall be taken till the 31st day of December, 2011.
(4) Notwithstanding any other provision contained in this Act, the Central Government may, at any
time before the 31st day of December, 2011, withdraw the exemption by notification in respect of
encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case
may be.
4. Provisions of this Act not to apply in certain cases.—During the period of operation of this Act,
no relief shall be available under the provisions of section 3 in respect of the following encroachment or
unauthorised development, namely:—
(a) encroachment on public land except in those cases which are covered under clauses (a), (b) and
(c) of sub-section (1) of section 3;
(b) removal of slums and Jhuggi-Jhompri dwellers, hawkers and urban street vendors, unauthorised
colonies or part thereof, village abadi area (including urban villages) and its extension in accordance with
the relevant policies approved by the Central Government for clearance of land required for specific
public projects.
5. Power of Central Government to give directions.—The Central Government may, from time to
time, issue such directions to the local authorities as it may deem fit, for giving effect to the provisions of
this Act and it shall be the duty of the local authorities, to comply with such directions.
6. Validation of acts done or omitted to be done, etc., during 1st January, 2011 up to the date of
commencement of this Act.—Notwithstanding any judgment, decree or order of any court, all things
done, or, omitted to be done, and all action taken, or, not taken, during the period beginning on or after
the 1st day of January, 2011 and ending immediately before the date of commencement of this Act, shall,
in so far as they are in conformity with the provisions of this Act, be deemed to have been done, or,
omitted to be done, or, taken, or, not taken, under these provisions as if such provisions were in force at
the time such things were done or omitted to be done and action taken or not taken during the aforesaid
period.