Background Note on The National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023

December 12, 2023


The population of the National Capital Territory (NCT) of Delhi has been growing phenomenally over the years, including through migration. According to the 2011 Census, Delhi’s population stood at 11 million, while that of the NCT stood at 16.8 million; as per the Delhi Government’s Economic Survey (2022-2023), the population of Delhi now stands at 20.7 million (2021)2 . Further, migration added 2.83 Lakh people to Delhi’s population in 2021, which is more than double the number of residents contributed by births (with deaths accounted for)3.

This exponential population growth has also led to an ever-increasing need for housing, commercial
space, and other civic amenities. Resultantly, an increase in encroachments on public land, growth of slums,unauthorized constructions, commercial usage of residential areas, and inadequacy of housing stocks, have become common due to a massive population of 1.35 crore people lying in such unauthorized developments4. For instance, currently, there are over 3005 jhuggi jhopdi bastis6 in the City of Delhi.

Noting the increase in populations living in such “unauthorized developments” in New Delhi, even
historically, the ‘Delhi Laws (Special Provisions) Act, 2006’7 was enacted by the Central Government,
which sought to prevent punitive action such as sealing and demolition for some residents of such
developments. Although this law was initially enacted for one year starting in 2006, various pieces of
legislation and ordinances were enacted thereafter to the same effect.

The comprehensive National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment)
Act was brought into effect in 2011, and extended till 20208. In 2020, the National Capital Territory of
Delhi Laws (Special Provisions) Second (Amendment) Ordinance, 2020 (Ordinance No. 15 of 2020) was
promulgated as the Parliament was not in session. In 2021, the National Capital Territory of Delhi Laws
(Special Provisions) Second (Amendment) Bill’ sought to replace the National Capital Territory of Delhi
Laws (Special Provisions) Second (Amendment) Ordinance, and provided for an extension of the validity
of the Act of 2011 for a period of three years from 1st January, 2021 to 31st December, 20239.

With the validity of the National Capital Territory of Delhi Laws (Special Provisions) Second
(Amendment) Act, 2011 expiring on the 31st of December, 2023, the Government seeks to continue to
provide protections to the vulnerable populations who live in ‘unauthorized developments’, and has
reintroduced the same bill in 2023, with the provisions of the same being applicable to the population of
the NCT of Delhi till 2026.


● The bill extends the validity of the National Capital Territory of Delhi Laws (Special Provisions)
Second (Amendment) Act, 2011 till 2026.

● This bill also extends the provisions as the formulation and action envisaged for unauthorized
colonies, village abadi areas and their extensions and special areas, are pending.


● The Bill provides for relief, and minimizes avoidable hardships to vulnerable populations any
punitive action by any agency in respect of the persons.

● The 2011 Act allowed for orderly arrangements to be made for relocation and rehabilitation of
slum dwellers and Jhuggi-Jhompri clusters; unauthorized colonies, village abadi area and their
extensions; farm houses involving construction beyond permissible building limits; schools,
dispensaries, religious and cultural institutions, storages, warehouses and godowns built on
agricultural land, redevelopment of existing godown clusters, special areas and policy or plan for
orderly arrangement for all other areas of the National Capital Territory of Delhi in consonance
with the Master Plan for Delhi (2021-2041). Thus, an extension of this act will continue to protect
these populations residing in the demarcations highlighted above11.

●  The extension of this act till 2026 will also allow ample time for all applicable individuals to
become beneficiaries under the Pradhan Mantri Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) scheme. This will thus contribute to the holistic achievement of the objectives of this scheme.

● The Delhi Development Authority’s Master Plan 204112 which seeks to address issues such as land
pooling, the burgeoning number of illegal farmhouses in rural areas, and encroachment in green
belts is yet to be notified in the Gazette of India (the draft of the same is available and is currently
open to suggestions from the public)13. Thus, the enactment of this Bill is imperative for proper
and phased implementation of urban planning measures in the NCT of Delhi, thereby preventing
forced demolitions and evictions.

DISCLAIMER: The opinions expressed herein are entirely those of the author(s). Swaniti makes every effort to use reliable and comprehensive information, but Swaniti does not represent that the contents of the report are accurate or complete. Swaniti is a non-profit, non-partisan group. This document has been prepared without regard to the objectives or opinions of those who may receive it. NOTE: The background note is prepared based on information and materials available in media sources or the public domain only.

1 Census of India, 2011.

2 Government of NCT of Delhi. 2023. Economic Survey of New Delhi 2022-2023

. 3 Id.

4 Indian Express. 2022. Rajya Sabha passes bill to protect unauthorised colonies in Delhi.

5 Indian Express. December 2022. Of 300 ‘jhuggi’ clusters in Delhi, 210 surveyed, Hardeep Singh Puri says in Rajya Sabha.

6 These are one of seven types of ‘unplanned’ settlements designated by the Government of National Capital Territory of Delhi (GNCTD), which are located on “public land”, and have been constructed without permission.

7 Delhi Laws (Special Provisions) Act, 2006 and 2011.

8 LiveLaw. 2021. National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill: Statement of Objects and Reasons.

9 Id.

10 Lok Sabha Parliamentary Bulletin. 2023. List of Bills.

11 Delhi Laws (Special Provisions) Act, 2006 and 2011.

12 Times of India. 2023. Master Plan 2041 may be notified in Dec.

13 Delhi Development Authority. n.d. Draft Master Plan for Delhi 2041.