Back
High Court Of Delhi
REGAL TRADERS PRIVATE LIMITED - Appellant
Versus
LIEUTENANT GOVERNOR DELHI - Respondent
Civil Writ 643 of 1989
Decided On : 05/23/1990
MUNICIPAL CORPORATION OF DELHI - BUILDING REGULATIONS - EXEMPTION - NOTIFICATION DATED 24-8-1963 - APPLICABILITY - EXTENDED ABADI - SECTIONS 312 AND 313 OF THE DELHI MUNICIPAL CORPORATION ACT, 1957 - APPLICABILITY - CONSTRUCTION OF BUILDING ON A SINGLE UNDIVIDED PLOT WITH A SINGLE COMPLEX - WHETHER SANCTION REQUIRED.
Fact of the Case:
The petitioners challenged the Lt. Governor's order of demolition and sealing of their premises, affirming the orders of the Appellate Tribunal and the Zonal Engineer (B) of the Municipal Corporation of Delhi. The petitioners claimed that the land in dispute fell within the Lal Dora (Firni or extended abadi) of village Mundka and was exempted from building regulations under a notification dated 24-8-1963 issued by the Municipal Corporation of Delhi. The respondents contended that the petitioners were required to obtain sanction under Sections 312 and 313 of the Delhi Municipal Corporation Act, 1957, for the construction of the building.
Finding of the Court:
The court held that the petitioners were not required to obtain sanction under Sections 312 and 313 of the Delhi Municipal Corporation Act, 1957, for the construction of the building as the land in dispute fell within the extended abadi and was exempted from building regulations under the notification dated 24-8-1963. The court further held that the findings of the Lt. Governor and the Appellate Tribunal to the contrary suffered from error apparent on the face of record and also resulted in exercise of jurisdiction with material irregularity. The court allowed the writ petition and quashed the Lt. Governor's order of demolition and sealing of the premises.
Issues: 1. Whether the land in dispute fell within the Lal Dora (Firni or extended abadi) of village Mundka and was exempted from building regulations under the notification dated 24-8-1963 issued by the Municipal Corporation of Delhi? 2. Whether the petitioners were required to obtain sanction under Sections 312 and 313 of the Delhi Municipal Corporation Act, 1957, for the construction of the building?
Ratio Decidendi: 1. The court held that the land in dispute fell within the extended abadi and was exempted from building regulations under the notification dated 24-8-1963. The court relied on the following factors: a. The Aks Shajra (field map) prepared during the consolidation operation clearly demonstrated that the area in dispute falls within the Firni (extended abadi or Lal Dora). b. The khasra girdawaris for the year 1988-89 clearly showed that the petitioners were the recorded owners in respect of field No. 411/1/2/2 measuring 5 bighas 18 biswas and the number of khatauni khata had been shown therein as 189 under column 3. c. A certified copy of a document issued by the Revenue Assistant, Delhi dated 24-11-1986 stated that as per the report of the patwari Halqa MUNDKA and Field Kanungo Tehsildar/c. C. DELHI House/building/plot No. 411/1/2/2 falls in khasra No. which has been earmarked as extended abadi during consolidation operation of village MUNOKA in the year 1975-76. d. A similar document dated 1-5-19-89 issued by the Revenue Assistant. Delhi also clarified that as per revenue record the plot/kh. No. 411/1/2/2 falls in the Lal Dora of village Mundka, extended as a result of consolidation proceedings undertaken. e. A certificate issued by the village Pradhan certified that the land in dispute belongs to the petitioners and falls within the extended abadi (Firni or Lal Dora). 2. The court held that Sections 312 and 313 of the Delhi Municipal Corporation Act, 1957, were not attracted in the present case as the petitioners had raised and wanted to raise construction as a single complex with one boundary limit without sub-dividing into various plots. The court held that the provisions of Sections 312 and 313 were intended to be made applicable to the colonisers and other owners of the land referred to therein and not to persons who wanted to raise construction on their land as a single complex with one boundary limit.
Final Decision: The court allowed the writ petition and quashed the Lt. Governor's order of demolition and sealing of the premises. The court further issued a writ of mandamus restraining the respondents from demolishing the building on plot No. 411/22 situated in Lal Dora (Firni or extended abadi) of village Mundka in the Union Territory of Delhi and unsealing of the premises.
( 1 ) IN this writ petition, the petitioners have thrown a challenge to the Lt. Governor s order of demolition and sealing of the premises dated 12th January, 1989 affirming the orders of demolition of the Appellate Tribunal dated 29-6-1988 and of Zonal Engineer (B) of the Municipal Corporation of Delhi dated 23-10-1987 as also the orders for sealing of the premises of the Appellate Tribunal dated 29th June, 1988 and of the Deputy Commissioner (L) dated 3/8th September, 1987, and have prayed for quashing of the same. They have also prayed for as writ of mandamus restraining the respondents Delhi and others. from demolishing the building on plot No. 411 1 2 2 situated in Lal Dora (Firni or extended abadi) of village Mundka. in the Union Territory of Delhi and to unseal the premises
( 2 ) THE relevant facts which emerge from the pleadings are that the petitioners have raised some construction on plot No. 411 1 2 2, Village Mundka, Delhi, which according to them, falls in Lal Dora (Firni or extended abadi) and of which they are the owners. The Municipal Corporation, Delhi having found that some construction has been raised on I he plot in dispute, initially issued a show cause notice for demolition dated 30-12-1986 and thereafter a revised show cause notice for dated 20-1-1987 to the petitioners. Having received no satisfactory reply, the demolition notice dated 17-2-1987 was issued and served on the petitioners. Another show cause noties for demolition dated 31-3-1987 was also issued for the additional construction to the petitioners. Thereafter another demolition notice I order dated 9-4-1987 was issued and served on the petitioners. Having felt aggrieved agains the notice order of demolition, the petitioners preferred a civil writ petition No. 1737186 a direction was given by this court to pass fresh orders after hearing the petitioners. After having complied with the court s order and considered the matter, the Zonal Engineer (Bldg.) on 23-10-1987 ordered for demolition of the building by the Corporation under Section 343 (1) of the Delhi Municipal Corporation Act (hereinafter referred to as the Act ). It appears, in the meantime the Deputy Commissioner (L) also passed an order for sealing of the premises (Ann. P-15) and it was directed that no person shall remove the seal except under the orders of the Deputy Commissioner (L) or as provided under Section 445-A (3) of the Act. Having felt aggrieved against these orders of demolition and sealing of the premises. the petitioners filed appeals belore the Appellate Tribunal which were dismissed on 29th June, 1988 by two separate orders upholding the sealing and demolition of the premises. The petitioners thereafter filed appeals before the Lt. Governor Delhi against the orders of the Appellate Tribunal which were also dismissed by a commoa older dated 12-3-1989 there upholding the order of scaling and demolition of the construction raised on the land. Against these orders of sealing and demolition the petitioners have filed the present writ pettiion.
( 3 ) THE case set up by the petitioner in this writ petition as well as before Lt. Governor and other authorities concerned is that the laud of the property in question is. situated within the Lal Dora of Firni or abadi of the village as extended during the consolidation operation of village Mundka during 1975-76 under the provisions of Delhi Land Reforms Act read with the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and that by virtue of notification No. RNZ11731 dated 24-8-1963 issued by the Municipal Corporation of Delhi under Section 507 (b) (i) of the Act, it is exempted from building regulations provided in Sections 332-336 and 342 and 347 of the Act and as such the construction raised is not unauthorised. On the other hand the respondents have submitted that no doubt the above notification exempted certain rural areas lying within the village abadi from the provisions of Se
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
