The court emphasized the need for a personal hearing for individual flat owners and the cooperative society, considering the FAR norms and apportioning excess FAR to individual flats.

( 1 ) ON 31. 7. 1997 DDA issued a show cause notice to respondent No. 2 Kangra Adarsh Cooperative Group Housing society requiring it to show cause as to why action for demolition of the unauthorised constructions in the flats by the members of the society be not passed.

( 2 ) THE President of the society, vide letter dated 5. 8. 1997 requested for 2 months time to file a reply. Reply was not filed. An order was passed on 12. 12. 1997. As per said order, unauthorised constructions effected in various flats listed in the said order were ordered to be demolished. The unauthorised constructions noted in the order dated 12. 12. 1997 were as under:-

"1. UNAUTHORISED AND ILLEGAL DEVELOPMENT compound walls constructed u/a by the owners of flats no. 311, 313, 309, 363, 365, 381, 239, 233, 245, 247, 249, 261, 199, 201, 181, 205, 177, 209, 187, 191. 2. Rear side commons portions covered u/a with the help of A. C. Sheets by the owners of flat nos. 245, 247, 251, 253, 255, 261, 191, 101, 103, 105, 107, 109, 249. 3. Rooms/store constructed u/a in rear side by the owners of flats nos. 219, 309. 4. Rooms constructed u/a at terrace by the owners of flat nos. 356, 358, 352, 156, 174, 386, 372, 388, 394, 396, 392, 244, 216, 342, 344, 150, 154, 136, 142, 334, 332, 170, 158, 190, 330, 308, 300, 180, 302. "

( 3 ) THE society filed a writ petition being WP (C) no. 5666/1997. Order dated 12. 12. 1997 was challenged. Writ petition was disposed of vide order dated 31. 12. 1997. Following was directed:-

"mr. Ramdhan has put in appearance on behalf of the respondent. It has been contended by Mr. Rohtagi that the society at the initial stage when the flats were constructed utilised 86. 23 FAR instead of 150, which was permissible at the relevant time. In any event, the construction which has been raised is without the sanction of the respondent authority. Mr. Rohtagi prays that the writ petition may be treated as representation by the petitioners. The respondent will hear the petitioner before passing the final order of sealing or demolition. The petitioners to present before Director (Building), the respondent will not give effect to the letter dated 12. 12. 1997. With these observations, the writ petition and application stands disposed of. "

( 4 ) AT the remanded proceedings the society sought regularisation of the excess constructions. In a nutshell, society stated that as per the applicable FAR, additional construction could be effected. Society stated that there was un-utilized FAR when the plans were originally sanctioned and this un-utilized FAR could be appropriated for regularisation of the offending constructions. To consider the said request for regularisation, DDA required revised plans to be submitted showing the extent of built up area.

( 5 ) SINCE any decision on the subject would have affected all the members, the general body meeting of the society was called by the management. One of the items listed for consideration before the general body was the revised plans to be submitted to DDA. At the general body meeting held on 5. 4. 1998, apart from others, following resolution was passed:-

"president informed the members that the Society has received a letter No. F-23 (4)/80/ Bldg/464 dated 24th february, 1998 from the DDA in which they have asked the society to submit them the existing and revised plan of our project as executed on site on date showing all details like additions/ alterations/tharas with boundary walls/ sheds etc. On being proposed by Shri Ranjit thalwal and second by Shri R. C. Katoch, it was unanimously approved that the revised plans of the complex indicating all details be submitted to the DDA as asked for by them for taking further action as their end. "

( 6 ) ACTING under the mandate of the general body resolution aforesaid, the Hony. Secretary of the Society, under cover of letter dated 19. 8. 1998, submitted to the dda, for approval, drawings of deviation plan. Undertaking as demanded by DDA on a non