The central legal point established in the judgment is the need for uniformity in demolition actions, the accountability of all involved parties, and the exercise of independent and exclusive power by the Commissioner of MCD.

( 1 ) PURSUANT to our orders dated 30. 11. 2005,6. 12. 2005 and 14. 12. 2005 demolition drive has been undertaken in Delhi but it has been far from satisfactory. Mr. Gopal Subramanium, learned Additional Solicitor General, appearing for Municipal Corporation of Delhi at the outset has stated that this is not an adversarial litigation.

( 2 ) DELHI has to get rid of unauthorised constructions. Action has to be taken against erring officials, builders, influential and powerful people who have permitted or have indulged in unauthorised constructions. Message must go to the people, who construct their dwelling units that such constructions have to be in conformity with the laws.

( 3 ) WE were told and accordingly we had observed in our order dated 6. 12. 2005 that while one building was demolished, another building on the same street or road was left untouched. Mr. Subramaniam has assured us that this will not happen anymore and henceforth uniformity in action of demolition will be key word. In the order dated 6. 12. 2005 we had asked for list of properties which had been built by builders in flagrant violation of building bye-laws. We had also asked for the names of the builders and if the plans of such properties were sanctioned in the names of the original owners we had directed that the details as to who were the persons with whom they entered into collaboration agreement be obtained from the owners and be filed. This has not been done. Mr. Subramaniam says that the exercise will be done and the details will be submitted to this Court before the next date of hearing.

( 4 ) UNLESS and until the general public has information that there are properties where the plans have been obtained for residential purposes but the same have been put to commercial use or there is extra coverage either in terms of setbacks or additional floors, there are always chances of tenants, flat buyers, lessors to go for these properties and when action for demolition takes place, the owners or builders of such properties leave the people in lurch. The aforesaid direction was, therefore, given so as to facilitate such unwary buyer or user of the property to seek compensation from such builders of the properties.

( 5 ) WE also direct the Commissioner, MCD to issue a public notice calling upon builders throughout Delhi to give complete details of the buildings which they have constructed after 31. 12. 2000 in Delhi. The intimation of such unauthorised constructions should be sent to the registrar of Assurances, the Sub-Registrars of all districts who shall place the same in the file of the property in question so that an intending buyer or user or occupier will have notice of unauthorised construction and if he even then deals with such property he does so at his peril.

( 6 ) IN our order dated 14. 12. 2005 we had categorically stated that where the plans of a building have been sanctioned for residential purpose and the property in question has been put to unauthorised commercial use, such an activity is impermissible. We had observed that the parameters for constructing commercial and residential properties are different in relation to facade of the building, the requirement of kitchen, toilet, height of the roof and so many other factors. Mr. Subramanium, learned Additional Solicitor General with all earnestness has stated at the Bar that the MCD will carry out its demolition drive of unauthorised construction in residential as well as commercial areas. It will ensure that all ongoing, fresh/new constructions which are in violation of the law are demolished forthwith. Mr. Subramanium has further stated that immediate action will also be taken in respect of such unauthorised properties which are housing big show-rooms, retail shops, wholesale shops, restaurants, malls and are not in conforming areas or are in residential areas or are in Lai Dora without any sanction plan. Mr. Subramanium has also stated that encroachment and unauthorised construction on

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