The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011

Administered Ministry: Ministry of Housing and Urban Affairs

Act details

Short titleThe National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011
Long titleAn Act to make special provisions for the National Capital Territory of Delhi [for a further period up to the 31st day of December, 2017] and for matters connected therewith or incidental thereto.
Act number20 of 2011
Act year2011
Enactment date23 Dec 2011
MinistryMinistry of Housing and Urban Affairs
JurisdictionCentral (Parliament of India)
Sections6
StatusNot repealed
Last checked on India Code29 Oct 2026
SourceIndia Code, Government of India

Summary

Summary of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2011
The National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 was enacted as a temporary measure to address the large number of unauthorised developments in Delhi while the Government worked towards a comprehensive and planned solution. The Act provides protection against punitive action in respect of specified categories of unauthorised developments for a limited period, subject to certain conditions.
Key Objectives
• To provide temporary relief from demolition, sealing, and eviction in respect of specified unauthorised developments in Delhi.
• To maintain the status quo while policies for regularisation and planned development are formulated and implemented.
• To facilitate orderly urban development through planned measures.
• To protect the interests of residents and businesses affected by unauthorised constructions and settlements during the transitional period.

Legislative history

Legislative History:

The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009

Short Title The National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009

Act Number / Year Act No. 40 of 2009

Act ID (India Code) 200940

Presidential Assent / Enactment Date December 22, 2009

Enforcement Date January 1, 2010.

Nodal Ministry Ministry of Housing and Urban Affairs

Precedent & Statutory Rationale

1. Extended Timeline for Comprehensive Urban Policy Implementation:

o Although initial special provisions acts and the early 2009 legislation provided short-term reprieves against sealing and demolition, the massive administrative tasks of regularizing unauthorized colonies, village abadis, slum clusters, and mixed-use commercial activities required an extended runway.

o Local bodies and the Delhi Development Authority (DDA) required sustained statutory protection to finalize complex policy frameworks, alignment guidelines, and infrastructural upgrades under the Master Plan for Delhi (MPD) 2021 without abrupt disruptions.

2. Longer-Term Moratorium on Punitive Actions:

o The Second Act of 2009 was enacted to provide a continuous, expanded moratorium lasting through December 31, 2011, keeping coercive actions like sealing and unauthorized construction demolitions in abeyance for specified categories.

o It established clear legal parameters for orderly policy implementation regarding hawkers, urban village developments, and informal settlements while preventing chaotic large-scale displacements.

Parliamentary Trajectory & Enactment

• Formulation: Framed and piloted by the Ministry of Housing and Urban Affairs to create a stable, longer-term legislative bridge for managing Delhi's complex urban anomalies.

• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament, receiving Presidential Assent on December 22, 2009.

• Enforcement: Enforced on January 1, 2010.

• Source: India Code and Ministry of Housing and Urban Affairs Official Records