'Why No Demolitions In Affluent Colonies?': Supreme Court Questions Delhi Authorities For Shielding Unauthorised Structures Of Rich

The Supreme Court recently sought an explanation from the Delhi Development Authority (DDA), the Municipal Corporation of Delhi (MCD), and the Delhi Government for trying to protect affluent unauthorised colonies.

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan directed the DDA, MCD, and Delhi Government to file affidavits within two months explaining their actions. The Union Ministry of Housing and Urban Affairs has also been asked to respond.

The Court was hearing the MC Mehta case regarding environmental protection in Delhi. Amicus Curiae Senior Advocate Anitha Shenoy filed an application raising concerns about the regularisation of illegal constructions in Delhi through regulations and laws.

The Court observed: “We can understand if there is some benevolent gesture to protect slum dwellers, but as rightly pointed out by the learned amicus, effort is being made to regularise illegal structures of affluent. We direct all the four entities to file affidavits within 2 months from today stating why there is an attempt to protect the illegal structures of affluent. Date shall be fixed after receiving affidavits for considering this issue.”

The Court also sought an explanation from MCD for citing Pradhan Mantri Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) for not demolishing Shri Sai Kunj Colony- an affluent unauthorised colony in South Delhi, despite knowing that the scheme is not applicable to the colony.

On March 25, 2025, the Court had asked the MCD to provide details of how many unsealed structures were covered under the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2014, which protects unauthorised constructions existing before June 1, 2014.

The Court had also directed the Delhi Government to file a specific affidavit on the same issue, including details of action taken to demolish properties not protected under the Act. Additionally, the Court had asked the MCD to place on record a copy of the PM-UDAY Scheme, which it had cited in an earlier affidavit for not demolishing Shri Sai Kunj Colony.

The MCD filed a status report on April 24, revealing that the colony consists of 126 flats, out of which only 10 were protected under the Act of 2014. The remaining 116 flats were found to be illegal, but show cause notices had been issued to only 28 of them. The MCD claimed that the process of issuing notices to the remaining 88 flats was still ongoing. MCD relied upon the National Capital Territory of Delhi (Recognition of Property Rights of Residents In Unauthorised Colonies) Regulations, 2019.

The Court noted that there is no reference to the PM UDAY scheme in the Regulations. The Court further noted that Regulation 7 of the 2019 regulations specifically excludes affluent unauthorised colonies, and Shri Sai Kunj is listed at number 43 in the list of such colonies annexed in MCD's affidavit.

It directed the MCD to explain how it relied on the scheme despite knowing that the colony is an affluent colony. “These Regulations are not applicable to Shri Sai Kunj Colony. MCD owes an explanation to the court how it relied upon so-called PM Uday Scheme knowing fully well that the colony is an affluent colony,” the court said.

The Court also directed that demolition notices under Sections 343 and 344 of the Delhi Municipal Corporation Act must be issued to all remaining 88 illegal flats in Shri Sai Kunj Colony within one week.

Case no. – WP (C) No. 4677/1985

Case Title – MC Mehta v. Union of India and Ors.

Click Here To Read/Download Order

"You Don't Want To Touch Unauthorized Constructions In Sainik Farms Or Golf Links, But Target The Poor In Jahangirpuri" : Dushyant Dave