THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS 

(SPECIAL PROVISIONS) ACT, 2011 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent, commencement and duration. 
2.  Definitions. 
3.  Enforcement to be kept in abeyance. 
4.  Provisions of this Act not to apply in certain cases. 
5.  Power of Central Government to give 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. 

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THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS 

(SPECIAL PROVISIONS) ACT, 2011 

ACT NO. 5 OF 2011 

[29th March, 2011.] 

An Act to make special provisions for the National Capital Territory of Delhi for a further period 
up  to  the  31st  day  of  December,  2011  and  for  matters  connected  therewith  or  incidental 
thereto. 

WHEREAS there had been phenomenal increase in the population of the National Capital Territory of 
Delhi  owing  to  migration  and  other  factors  resulting  in  tremendous  pressure  on  land  and  infrastructure 
leading to encroachment or unauthorised developments which are not in consonance with the concept of 
planned development as provided in the Master Plan for Delhi, 2001 and the relevant Acts and building 
bye-laws made thereunder; 

AND WHEREAS the Master Plan for Delhi, 2001 was extensively modified and notified by the Central 
Government on the 7th day of February, 2007 with the perspective for the year 2021 keeping in view the 
emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities; 

AND WHEREAS the Master Plan for Delhi with the perspective for the year 2021 specifically provides 

for strategies for housing for urban poor as well as to deal with the informal sector; 

AND  WHEREAS  a  strategy  and  a  scheme  has  been  prepared  by  the  local  authorities  in  the  National 
Capital Territory of Delhi for regulation of urban street vendors in accordance with the National Policy 
for Urban Street Vendors and the Master Plan for Delhi, 2021, and is being implemented; 

AND  WHEREAS based on the policy finalised by the Central Government regarding regularisation of 
unauthorised colonies, village abadi area and its extension, the guidelines and regulations for this purpose 
have been issued; 

AND  WHEREAS  in  pursuance  of  the  guidelines  and  regulations  necessary  steps  are  being  taken  for 
regularisation of unauthorised colonies which, inter alia, involve scrutiny of layout plans, assessment of 
built up percentage existed as on 31st day of March, 2002, identification of mixed use of streets, approval 
of layout plans, fixation of boundaries, change in land use and identification of colonies not eligible for 
regularisation; 

AND WHEREAS more time is required for proper implementation of the scheme regarding hawkers and 
urban  street  vendors  and  for  the  regularisation  of  unauthorised  colonies,  village  abadi  area  and  its 
extension; 

AND  WHEREAS  the  revised  policy  for  proper arrangements  for relocation  and  rehabilitation  of  slum 
dwellers and jhuggi-jhompri clusters in the National Capital Territory of Delhi has been formulated and 
accordingly,  the  Delhi  Urban  Shelter  Improvement  Board  Act,  2010  (Delhi  Act  7  of  2010)  has  been 
enacted by the Government of National Capital Territory of Delhi and notified with effect from the 1st 
July,  2010  to  provide  for  implementation  of  schemes  for  improvement  of  slums  and  jhuggi-jhompri 
clusters with a view to bring improvement in environment and living conditions, and to prepare housing 
scheme for such persons; 

AND  WHEREAS  the  draft  policy  regarding  farm  houses  is  under  consideration  in  the  Delhi 

Development Authority; 

AND WHEREAS pursuant to the Master Plan for Delhi, 2021, the Zonal Development Plans in respect 
of various Zones have been notified which provides for regularisation of schools, dispensaries, religious 
institutions and cultural institutions; 

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ANDWHEREAS  the  policy  with  respect  to  storages,  warehouses  and  godowns  used  for  agricultural 
inputs  or  produce  (including  dairy  and  poultry)  in  rural  areas  built  on  agricultural  land  are  under 
consideration of the Central Government in consultation with the Delhi Development Authority; 

AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Act,  2007                 

(43 of 2007) was enacted on the 5th day of December, 2007 to make special provisions for the areas of 
the National Capital Territory of Delhi for a period up to the 31st day of December, 2008 which ceased to 
operate after the 31st December, 2008; 

AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Act,  2009               

(24 of 2009) was enacted in continuation of the aforesaid Act for a period up to the 31st day of December, 
2009  to  make  special  provisions  for  the  areas  of  the  National  Capital  Territory  of  Delhi  and  that  Act 
ceased to operate after the 31st day of December, 2009; 

AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions)  Second Act, 2009 
(40 of 2009) was enacted in continuation of the aforesaid Act for a period up to the 31st day of December, 
2010  to  make  special  provisions  for  the  areas  of  the  National  Capital  Territory  of  Delhi  and  that  Act 
ceased to operate after the 31st day of December, 2010; 

AND  WHEREAS  it  is  expedient  to  have  a  law  in  terms  of  the  Master  Plan  for  Delhi,  2021,  in 
continuation of the said Act for a period up to the 31st day of December, 2011 to provide for temporary 
relief  and  to  minimise  avoidable  hardships  and  irreparable  loss  to  the  people  of  the  National  Capital 
Territory  of  Delhi  against  any  action  by  the  concerned  agency  in  respect  of  persons  covered  by  the 
policies referred to above. 

BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:— 

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. 

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