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SANJEEV SACHDEVA
Hoshiar Singh – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents to take action against alleged illegal, unauthorized construction being raised by respondent No.3 in property No.91-C, Gali No.4, Krishna Nagar, New Delhi.
3. Learned counsel appearing for respondent No.3 submits that respondent No.3 is owner of property No.101 and not 91-C and he has a sanction plan for raising construction on property No.101.
4. He further submits that by a subsequent order dated 10.12.2021, the sanction plan has been revoked and he has already filed an appeal before the appellate Tribunal, MCD and by order dated 23.12.2021, the appellate Tribunal, MCD has directed status quo to be maintained in respect of the said property.
5. He submits that no construction activity is being carried out in the subject property at the present time as the structure is already complete.
6. Learned counsel appearing for the petitioner submits that the contention of respondent that he is owner of property No.101 is incorrect as from the site plan it is quite clear that petitioner is physically in occupation of property No.91-C and the construction was
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 court reiterated that unauthorized construction issues should be dealt with by the municipal corporation, while appeals regarding property ownership must be resolved through the appropriate tribu....
Requirement of a sanctioned building plan and measures to protect structural integrity in property disputes.
The court emphasized the necessity of adhering to principles of natural justice and legal requirements in construction activities, ensuring no unauthorized actions occur without proper sanction.
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
Construction activities must adhere to sanctioned building plans to ensure structural integrity and prevent unauthorized modifications affecting neighboring properties.
Unauthorized construction can be regularized upon payment of a compounding fee, negating the necessity for further court action.
Civil Law - unauthorized construction of road - Since alleged illegal unauthorized construction in subject property has already been regularized, no further orders are called for in this petition.
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