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2016 Supreme(Del) 1996

V.K.SHALI
SANTOSH MALIK – Appellant
Versus
DELHI DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
For the Appellant :Mr. L.K. Singh, Advocate.
For the Respondent: Mr. Sanjeev Sabharwal, SC for the DDA.

JUDGMENT :

V.K. SHALI, J.

1. The petitioners have filed the present writ petition under Article 226 of the Constitution, which is third in the series wherein the petitioners have prayed as under:-

(a) for quashing of order dated 2.1.2014 rejecting the regularization in respect of Plot No.17, Block-A, Sector-12, Dwarka, New Delhi-75;

(b) to declare that the entire construction was within the permissible FAR and liable to be regularized or

(c) alternatively direct the DDA to compound the excess FAR and regularize the building plan submitted by the petitioners dated 3.10.2013.

2. Briefly stated the facts of the case are that the petitioners are the owners of plot No.17, Block-A, Sector-12, Dwarka, New Delhi measuring 209 square meters. The building as on date which is raised on the aforesaid plot, consists of basement, ground, first, second and third floors. The building plan of the ground floor was sanctioned in the year 2001. Thereafter in the year 2005 a fresh application was made by the petitioner for grant of sanction in respect of the basement and ground floor. The completion certificate in respect of these two was granted in the year 2006. On 1.3.2007, the petitioners made a fresh ap



































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