M. S. A. Siddiqui, J.

( 1 ) BY this petition under Article 226 of the Constitution, the petitioner seeks a direction to the respondent No. I and 2 to perform their statutory duties and stop any unauthorised/illegal construction on 1st and 2nd floor of the property No. EA-114, Inderpuri, New Delhi and to demolish the unauthorised construction alleged to have been made on the 1st and 2nd floor of the said building by the respondent Nos. 3 to 6.

( 2 ) BRIEF facts leading to filing of this writ petition are that the petitioner purchased the ground floor of the property No. EA - 114, Inderpuri, New Delhi from its previous owner Mrs Sonia Gupta through the registered deed dated 12-6-1995. The respondent No. 4 S. K. Chopra purchased the first and 2nd floor of the said building through a registered sale deed dated 4-1- 1995. According to the petitioner the respondent No. 3 to 6 unauthorisedly commenced construction work on 1st and second floor of the said property without obtaining any sanction and despite repeated representations, the respondent No. 1 and 2 have not taken steps for demolition of the said unathorised construction.

( 3 ) THE averments made in the reply filed on behalf of the respondent No. 4 are that the plans for carrying on constructiuon in the property in question had already got sanctioned by its previous owner and accordingly the construction was commenced by the respondent No. 4 before the petitioner purchased the ground floor. It is stated that the petitionor himself had unauthorisedly constructed upon the ground floor by raising two shops in front and two at the back which have already been sold out by him. The petitioner has supressed these facts and has not come to the Court with clean hands.

( 4 ) THE respondent No. 1 has stated in its reply that on 17-11-1994 a plan was submitted to construct a residential building on the property in question and in accordance with the provision of the master plan of Delhi and the building bye- laws, the building plan was sanctioned on 9-1- 1995. The said plan permitted coverage on the ground floor to the extent of 60%, on 1st floor to the extent of 60% and on the second floor to the extent of 40%. On 17-10-1995 this court has ordered that the respondents 3 to 5 shall remain restrained from proceedings with any construction on roof of the flat and any construction on the first floor which is not authorised and the respondents No. 1 and 2 were directed to enforce the said order. Accordingly on 20-10-1995, inspection was made and it was found that apart from deviation from the sanctioned plan there was exccess coverage on the ground floor, first floor and the second floor to the extent of 100%. (vide report of inspection annexure R-1 ). Thereafter, on 20-10- 1995 notice under Section 343 of the DMC Act was pasted on the property in question and thus the parties were put on notice requiring the deviations and exccess coverage on the ground, first and second floors to be brought within the sanctioned limit, (copy of the notice is annexure R-2 ). Despite service of the said notice nothing was done by the parties concerned in this regard. Consequently, another show cause notice under Section 343 of the DMC Act was served for demolition of the unauthorised construction (copy of the notice is annexure R-3 ). Despite service of the said notice parties did not demolish the unauthorised construction. Since there was excess coverage that had been made and the same was not compoundable and could not be regularised in terms of the building bye-laws, anorder of demolition was passed On 3-11-1995 in respect of the property in question (annexure R-4 ). It is also submitted that the building in question has not been constructed in accordance with the sanctioned plan and the entire building is liable to be demolished.

( 5 ) IT is pertinant to mention here that the respondent No. 4 filed an application (CM 246/96) for vacation of the order passed on 17-10-1995 in CM 6464/95. It was stated in t

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