Petitioner seeks a direction against the respondent-Corporation to demolish the unauthorized construction raised in plot bearing No. SANJEEV SACHDEVA, J. W.P. (C) 6388/2018, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR JUSTICE SANJEEV SACHDEVA, in the matter ARUN MAHAJAN V. SOUTH DELHI MUNICIPAL CORPORATION AND ANR. dealt with an issue mentioned above.
Firstly the petition was restricted to ascertaining as to whether the construction on the said plot was in conformity with the sanction plan or not, And also the learned counsel for the petitioner stated that he would be satisfied in case the damage caused to the property of the petitioner is rectified and construction is brought in conformity with the building bye-laws.
Meanwhile Petitioner filed an affidavit pursuant to the same, Since there was a dispute regard to the extent of alleged damage and the alleged renovation required for the same, this Court is declining to entertain the said dispute in these proceeding and parties would be relegated to resolving their disputes in appropriate civil W.P. (C) 6388/2018.
In so far as the aspect of unauthorized construction is concerned, the stand of the respondent-Corporation is that an online sanction of construction was obtained and thereafter an online completion certificate was also obtained. Further, Corporation has reported that on subsequent inspection it was found that there are certain excess coverage’s which are not compoundable and parties have been directed to remove the non-compoundable deviations.
Since the petition is restricted to the issue of unauthorized construction and as per the Corporation action was also taken against the unauthorized construction and an application seeking regularization is pending, this petition is disposed of with a direction W.P. (C) 6388/2018 to the owners to jointly approach the Corporation for the purposes of regularization of the non-compoundable deviations.
The court perused the facts and argument’s presented, it was of the opinion that- “It is clarified that the issue with regard to the damage to the property of the petitioner and the repair/rectification work required for the same is not being considered by the Court, said issue is left open. Next date of 09.12.2021 is cancelled. Petition is disposed of in the above terms”.
Judgment Reviewed by: Mandira BS