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SANJEEV SACHDEVA
Vineeta Singh Verma – Appellant
Versus
Sdmc – Respondent
JUDGMENT
Sanjeev Sachdeva, J. -
CM Appl. 11854/2022
Issue notice. Notice is accepted by learned counsel appearing for the parties. For the reasons stated in the application, the application is allowed. Petition is taken up today for consideration. The next date 23.03.2022 is cancelled.
W.P.(C) 12376/2021
1. Petitioner seeks a direction against the respondent-Corporation to demolish the alleged unauthorized structure raised by respondent no. 2 and 3 in respect of the first floor Flat No. 6/6213, Sector-C, Vasant Kunj, New Delhi and Flat No. C-6215, Sector-C, Pocket-VI, Vasant Kunj, New Delhi.
2. Learned counsel appearing for the respondent-Corporation submits that the construction is unauthorized, same has been booked and even a demolition order passed.
3. Learned counsel further submits that a regularization application was filed by respondent no. 2, however the same has already been rejected.
4. He submits that the same has been rejected on the ground that the major portion of the unauthorized construction is not regularizable as per the building bye-laws.
5. Learned counsel submits that the remedy of the respondent no. 2 and 3 if any, against the action taken by the Corporation, is befor
The court's decision emphasized the importance of allowing the respondents to avail of their remedy before the Appellate Tribunal-MCD in cases of unauthorized construction and demolition actions.
The court's decision was influenced by the need to provide the respondents with an opportunity to approach the appellate Tribunal-MCD and seek remedy in accordance with the law.
The court reiterated that unauthorized constructions can be demolished if they do not comply with building bye-laws, while allowing a deferral for an appeal process before the Appellate Tribunal.
The court emphasized that no direction for demolition could be issued in the absence of ongoing construction activity and that the regularization application had to be considered and disposed of in a....
Municipal authorities possess the jurisdiction to enforce laws against unauthorized construction, which must be acted upon as per legal provisions, while respecting the appeals process.
Unauthorized construction cannot be ordered for demolition when there is no current activity, and the municipality must consider regularization applications as per legal standards.
Direction for lawful action regarding unauthorized construction depends on the outcomes of pending appeal and regularization applications, ensuring no prejudice to ongoing legal matters.
The court grants temporary protection against demolition for a property pending the resolution of a pending appeal regarding unauthorized construction, emphasizing the right to a fair hearing.
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
The principle of negative equality does not apply, and action can be taken against unauthorized construction regardless of inaction by the Corporation on other illegal constructions in the society.
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