[mpisgmedia] MCD (Amendment) Bill, 2005 (building-byelaws business)

The "Building byelaw reform" that Delhi Municipal
Corporation has been carrying out since December 2003
was referred by Delhi Government to Union Ministry of
Home Affairs on 27 October 2005, as "Regulatory
Framework for Building Regulation in Delhi". This
includes a USAID-sponsored Bill to amend the MCD Act.
The Bill proposes drastic changes in the framework for
urban development and the relation between government,
citizens and professionals and is consonant with
recent FDI decisions, revised offer for WTO-GATS, etc,
and in conflict with provisions of other laws and the
Constitution. This note is about this Bill, of which
the "building byelaw reform" is both creature and
instrumentality and for nearly two years has also been
smoke screen.

In face of comprehensive consensus (that exists by
fact of being publicly claimed and not having been
publicly denied or decried) on "building byelaw
reform" and USAID-sponsored legislation under that
garb I am not inclined to defend my view that this
scurrilous Bill not only needs to be scrapped but also
calls for exemplary exercise of s.490 of MCD Act
("Dissolution of the Corporation: (1) If, in the
opinion of the Central Government, the Corporation
persistently makes default in the performance of the
duties imposed on it by or under this Act or exceeds
or abuses its powers, the Central Government may by an
order published, together with a statement of reasons
therefore, in the Official Gazette, dissolve the
Corporation"). > I have sought information of
procedure, if any, by which I might urge / inform
Central Government opinion under s.490 <see>

This note only points out the changes proposed and a
few related points of law and facts.

contd/-
http://plan.architexturez.org/site/mpisg/p/051116






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