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SANJEEV SACHDEVA
Ramesh Chandra – Appellant
Versus
East Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks quashing of revocation order dated 15.12.2021, whereby the application of the petitioner for grant of sanction of building plan for construction of second and third floor of property number 59, Sukh Vihar, Delhi has been revoked. Petitioner further seeks a restraint on the respondent from carrying out demolition proceedings qua the property.
3. Learned counsel submits that the petitioner had become owner of the roof rights above the first floor by way of a registered sale deed dated 20.02.2001, which was executed by his father in his favour.
4. Learned counsel for petitioner submits that petitioner had accordingly applied for sanction of a building plan for raising construction of the second and third floor.
5. Learned counsel submits that once the plan was sanctioned, construction was raised over the second and third floor. However, subsequently, a complaint was allegedly filed by someone claiming that the signatures of the father of the petitioner on the application for sanction of the building plan were forged.
6. Learned counsel submits that petitioner had not forged any signatu
The court's decision emphasized the opportunity for the petitioner to seek regularization of the building plan and the restraint on coercive action until the application is disposed of.
Court permits applicant to regularize construction based on corporate policy, emphasizing timely disposal of applications and the presumption of legitimacy in ownership claims.
The court mandated acceptance and processing of regularization applications for rectified unauthorized constructions and prohibited coercive actions during review, reinforcing legal compliance in mun....
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....
The court highlighted the importance of procedural fairness in revocation decisions and clarified interim protection applicable until the Appellate Tribunal resumes functions.
Unauthorized construction cannot be ordered for demolition when there is no current activity, and the municipality must consider regularization applications as per legal standards.
The judgment emphasizes the importance of following the procedure mandated under the A.P. Municipal Corporation Act, 1955 and highlights the limitations of the Commissioner's power to regularize viol....
A timely decision on regularization applications is essential to safeguard properties from premature demolition actions.
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