- (1.) SERIOUS challenge has been laid to the constitutional validity of the Delhi Laws (Special Provisions) Act, 2006. One of the grounds of challenge is that it amounts to legislative overruling by the legislators. Having heard the learned counsel for the parties for a considerable time, we are of the view that many serious questions of law are sought to be raised which require deeper consideration and elaborate submissions. In this view, we admit the petitions and issue rule.
(2.) OUR attention has been drawn to the Report of the Tejendra Khanna Committee of Experts set up by the Government of India to look into various aspects of unauthorised constructions and misuse of premises in Delhi. The said Report is dtd. 13/5/2006. Reference has also been made to two public notices dtd. 21/7/2006 and to the office order of the same date setting up the Committee to look into various aspects pertaining to farmhouses and unauthorised colonies inhabited by affluent Ss. of the society. We have also perused the Notification dtd. 20/5/2006 issued by the Ministry of Urban Development issuing directions, one of it being that all commercial establishments which are required to cease carrying out commercial activities at their premises by 30/6/2006 may continue such activities at such premises as they were being carried out on the 1st day of January, 2006 for a period of one year, with effect from 19/5/2006.
(3.) MR . Satya Prakash, one of the petitioners, appearing in person, challenging the validity of the provisions of the Act has also sought to raise the issue of violation of Art. 14 of the Constitution of India inasmuch as he submits that posh and affluent colonies are being protected and none other colonies inhabited by middle class.;