Given the extent of the blatant misuse of land in the capital, it was obvious the political class would find ways to legalise this even though the residents didn't want their colonies to deteriorate into congested commercial complexes.
On February 16, 2006, the Supreme Court supported the residents and ordered sealing of shops/offices located in residential areas, to start from March 29.
In response, on March 28, 2006, a beleaguered government issued a notification outlining a mixed land use pattern that was, in fact, part of the Master Plan for Delhi 2021 (MPD 2021), which had been notified for public comments in March 2005 itself-this never came into force, though. So, the mixed land use chapter of MPD 2021 was notified in advance of its coming into force. This said that mixed land use in planned colonies would be allowed only on ground floors on roads external to the colony and at least 18 metres wide.
While reasonable enough, this didn't save more than a handful of commercial establishments, effectively those in the tony 'A' and 'B' category colonies. So, the government appointed its Tejendra Khanna committee to find solutions more in touch with "ground realities".
Its controversial recommendations were notified in September, removing restrictions that commercial activity would be limited to just the ground floor, and proscribed commercial misuse in the 'A' and 'B' category colonies. A few days after this, 2,183 roads were notified to permit mixed land use.
Since the courts didn't find all this tenable, the current rush is to come up with a new master plan which sanctifies everything. This may horrify town planners and others, but the law is clear -- according to Section 14 of the Delhi Development Act of 1957, once a new master plan comes into force, subject to certain conditions (such as the payment of a one-time penalty, for instance), all existing misuse gets legalised.
So, once MPD 2021 comes in, most sealed offices/shops can pay the penalty and become upright citizens!
Here's where technicalities come in. Can the government just come up with a new master plan whenever it wants? If it can, that means anything can be condoned after a token public hearing process. Appalling though it may sound, the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959, very clearly say all or parts of the master plan can be amended every five years or even earlier if need be (Rule 12), legally making it a new master plan. Rule 13, the next one, says the amendment could not take place unless it was approved by the central government.
But, and here's the catch, on May 30, 1966, the government says it came out with a gazette notification-No. 19015(3)/66-UD-which said "In the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959:-
(a) rules 12 and 13