THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL 
PROVISIONS) ACT, 2007 
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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.  Repeal and savings. 

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THE NATIONAL CAPITAL TERRITORY OF DELHI LAWS (SPECIAL 
PROVISIONS) ACT, 2007 

ACT NO. 43 OF 2007 

[5th December, 2007.] 

An Act to make special provisions for the National Capital Territory of Delhi for a further period 

up to 31st December, 2008 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 of Delhi, 2001 and the relevant Acts and building 
bye-laws made thereunder; 

AND  WHEREAS  the  Master  Plan  of  Delhi,  2001  has  been  extensively  modified  and  notified  by  the 
Central  Government  on 7th  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 of 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  revised  policy  for  relocation  and  rehabilitation  of  slum  dwellers  in  the  National 

Capital Territory of Delhi is also under consideration of the Central Government; 

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 WHEREAS some time is required for making orderly arrangements in accordance with the revised 
policy  for  relocation  and  rehabilitation  of  slum  dwellers  of  Delhi  as  well  as  for  putting  in  place  the 
scheme  for  regulation  of  urban  street  vendors  in  terms  of  the  Master  Plan  of  Delhi,  2021  and  also  the 
national policy in this regard; 

AND WHEREAS the Central Government has considered and finalised a policy regarding regularisation 
of unauthorised colonies, village abadi area and its extension, as existed on the 31st day of March, 2002 
for which the guidelines are being framed; 

AND  WHEREAS  the  Central  Government  require  time  to  take  a  considered  view  on  the  policy 
regarding existing farm houses involving construction beyond permissible building limits and regarding 
schools,  dispensaries,  religious  institutions  and  cultural  institutions,  storages,  warehouses  and  godowns 
used  for  agricultural  inputs  or  produce  (including  dairy  and  poultry)  in  rural  areas  built  on  agricultural 
land,  inter  alia,  in  the  light  of  recommendations  of  the  Expert  Committees  constituted  by  the  Central 
Government in the year 2006; 

AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Ordinance,  2007 
(Ord. 6 of 2007) for making special provisions for the areas of the National Capital Territory of Delhi for 
a  further  period  of  one  year  promulgated  on  4th  July,  2007  will  cease  to  operate  from  the  21st  day  of 
September, 2007; 

AND  WHEREAS  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions)  Bill,  2007 
introduced  in  Parliament  to  replace  the  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions) 
Ordinance, 2007 (Ord. 6 of 2007) could not be taken up for consideration and passing since Parliament 
adjourned sine die; 

AND  WHEREAS  it  is  expedient  to  have  a  law  in  terms  of  the  Master  Plan  of  Delhi,  2021,  in 
continuation of the said Act for a period up to 31st December, 2008 to provide 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 
which are expected to be finalised within the period so extended; 

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BE it enacted by Parliament in the Fifty-eighth 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, 2007. 

(2) It extends to the National Capital Territory of Delhi. 

(3) It shall be deemed to have come into force on the 19th day of May, 2007. 

(4) It shall cease to have effect on the 31st day of December, 2008 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  (61  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 
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  the  notification  number  S.O.141(E),  dated  7th  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, village abadi area and its extension, 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. 

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(2)  The  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 and feasible strategies 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  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)  policy  for  relocation  and  rehabilitation  of  slum  dwellers  and  Jhuggi-Jhompri  clusters  in 
accordance  with  provisions  of the Master  Plan  of  Delhi,  2021  to  ensure  development  of  Delhi in a 
sustainable, planned and humane manner; 

(b)  strategy  for  regulation  of  urban  street  vendors  in  consonance  with  the  national  policy  for 

urban street vendors and hawkers as provided in the Master Plan of Delhi, 2021; 

(c)  scheme  containing  guidelines  for  regularisation  of  unauthorised  colonies,  village  abadi  area 
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; 

(d)  policy  regarding  existing  farm  houses  involving  construction  beyond  permissible  building 

limits; and 

(e)  policy  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 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, 2008. 

(4) Notwithstanding any other provision contained in this Act, the Central Government may, at any 
time  before  the  31st  day  of  December,  2008,  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  and  its  extension,  in  accordance  with  the 

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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.  Repeal  and  savings.—(1)  The  National  Capital  Territory  of  Delhi  Laws  (Special  Provisions) 

Second Ordinance, 2007 (Ord.7 of 2007) is hereby repealed. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  National  Capital 
Territory of Delhi Laws (Special Provisions) Second Ordinance, 2007 (Ord. 7 of 2007) shall be deemed to 
have been done or taken under the corresponding provisions of this Act. 

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