SANJEEV SACHDEVA
Sameer Malhotra And Another – Appellant
Versus
North Delhi Municipal Corporation And Other – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent-Corporation to take action against the illegal unauthorized construction being carried out over half portion measuring 288 sq. yards towards eastern side of the property bearing No. 61/22, Ramjas Road, Karol Bagh, New Delhi-110005 without any sanction plan or requisite permission.
3. Order dated 07.07.2021 records the contention of learned counsel appearing for the municipal corporation that there was a sanctioned plan for the building which was applied for under the Saral Scheme. Further, it was contended that there were certain misrepresentations at the time of making the application and accordingly action in accordance with law was proposed to be taken.
4. Undertaking was given by the respondent no. 2 to 4 that no construction shall be carried out till disposal of the show cause issued by the Corporation seeking to revoke the sanction plan.
5. Order dated 22.07.2021 of this Court notes that as on that date basement had been dug up and there was a possibility of a mishap because of the ongoing rainy season. accordingly, directions were issued
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
Requirement of a sanctioned building plan and measures to protect structural integrity in property disputes.
Construction activities must adhere to sanctioned building plans to ensure structural integrity and prevent unauthorized modifications affecting neighboring properties.
The court's decision was influenced by the Corporation's revocation of the sanction plan and the pendency of an appeal before the appellate Tribunal, MCD, without making any determination on the meri....
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.
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.
A revocation of a building plan without adequate notice and opportunity for hearing violates natural justice principles under the Delhi Municipal Corporation Act.
The central legal point established in the judgment is the requirement to adhere to the principles of natural justice as mandated by Section 338 of the Delhi Municipal Corporation Act, 1957, particul....
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
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