Requirement of a sanctioned building plan and measures to protect structural integrity in property disputes.

JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to respondents to stop the illegal unauthorized construction activity being carried out in House No.12, measuring 200 square yards in Khasra No.52, situated in the revenue estate of village-Kishan Garh, Mehrauli, Delhi, now known as Bhawani Kunj, D-2, Vasant Kunj, New Delhi.,

3. Learned counsel for the petitioner submits that on account of digging of the basement, the structural integrity of the property of the petitioner has been affected.

4. Learned counsel appearing for the Corporation submits that there is no sanctioned building plan for raising the construction. He submits that in terms of the order dated 14.09.2021, property of the petitioner was inspected and respondent No.2 was directed to raise a wall in the basement to ensure that there is no damage to the property of the petitioner and structural integrity thereof is maintained.

5. Learned counsel appearing for respondent No.2 undertakes on behalf of respondent No.2 that no unauthorized construction activity shall be carried out in the subject property and no construction shall be carried out until and unless a building plan is sanctioned by the Municipal Corporation. He further submits that respondent No.2 shall build a wall as directed by the officers of the Corporation to ensure that structural integrity of the property of the petitioner is protected.

6. The undertaking is accepted.

7. In view of the above, this petition is disposed with following directions:-

(i) Respondent/Corporation shall ensure that no unauthorized construction activity is carried out in the subject property except in accordance with a sanctioned building plan.

(ii) Respondent No.2 shall ensure that the wall as directed by the officers of the Corporation is built and the earth that has moved from underneath the property of the petitioner is re-filled so that the structural integrity of the property is preserved.

(iii) No construction shall be raised on the subject property by respondent No.2 until and unless a building plan is sanctioned by the Corporation.

8. Learned counsel for the petitioner submits that in view of the above directions and disposal of the petition, he shall not be pressing the contempt application that has already been filed but not listed.

9. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.