Compliance with the NOC policy and safety measures is crucial for upholding the grant of NOC for installation of lifts.

JUDGMENT

Manoj Kumar Ohri, J. (Oral)

1. By way of present petition filed under Article 226 of the Constitution of India, the petitioners have sought following reliefs:

"A) Issue appropriate writ/ order/direction in the nature of MANDAMUS directing the respondent Nos. 1 and 2 to remove/demolish the illegal and unauthorized construction over the terrace of third floor constructed by respondents no.3 to 6 in BW 65 to BW68 Block, Shalimar Bagh, Delhi;

B) issue appropriate writ/order/direction in the nature of CERTIORARI thereby quashing the NOC/approval, if any, issued by the respondent no. 1 and or 2 for illegal construction of the lift block with lift and overhead bridge encroaching upon the open courtyard of block NO. BW 65 to 68, Shalimar Bagh, New Delhi as being carried out by respondents No.3 to 6;"

2. Learned counsel for the petitioners submits that the impugned permission/NOC dated 27.03.2018 (hereinafter, referred to as 'the NOC'), granted by respondent No. 2/MCD for installation of lift and connecting bridge in respect of Co-operative Group Housing & Flats build by DDA having number from Flats Nos. 65D to 68D in BW Block, Shalimar Bagh Apartments (SFS) is in complete disregard of its own policy. It is further case of the petitioners that respondent Nos. 3 to 6 have carried out unauthorized construction on the terrace of third floor in BW 65 to BW 68 Block, Shalimar Bagh, Delhi against which respondent No. 2 has not taken any action.

3. Ms. Puja Kalra, learned Standing Counsel for respondent No. 2 has defended the NOC/permission and submitted that the same was issued to the owners/occupiers of DDA Flats bearing Nos. 65D, 66D, 67D and 68D, Shalimar Bagh, Delhi. It is also submitted that the NOC issued in the present case is squarely covered by the policy of the erstwhile North Delhi Municipal Corporation which was on the basis of modified policy of Delhi Development Authority for grant of NOC for installation of lifts. The respondent No. 2 has adopted the policy vide Office Order dated 13.05.2016. The pre-requisites for grant of NOC/permission as per the said policy are as under:

"1.1 Pre-requisite for grant of Permission/NOC:

(i) Consent from owners using common staircase in that block is a pre-requisite (50% or more excluding ground floor) who will be beneficiary due to installation of lift. The consent from ground floor owner is advisable but not mandatory.

(ii) The applicants are advised to propose a separate lift structure independent of the existing building structure with a connecting bridge so that it does not affect the structural stability of the existing structure.

(iii) The NDMC is at liberty to take action against unauthorized construction/additions/alteration and encroachment as per their policy and provisions of DMC Act.

(iv) In order to address the concern primarily of the ground floor allottees regarding access to their flat, natural light and ventilation, the applicant should propose the lift and the lift structure preferably on the blind wall i.e. the wall which does not have any door/ window opening or the lift structure should be at an adequate distance from the existing structure so that the natural light and ventilation of the flat is not affected.

(v) Recommendation of lift manufacturing agency (preferably as per approved list of CPWD) with regard to technical feasibility, location of lift well and safety aspects in respect of installation must be followed by the applicant.

(vi) Certificate from registered Structured Engineer/ Architect (on their letter head) stating that the structural design of the lift well and connecting bridge wherever required is as per provisions of the prevailing NBC (National Building Code).

(vii) Four sets of building plans indicating location of proposed lift well and connecting bridge if required duly signed by registered Architect and proposing/ secondary applicants/President of Management Committee (MC) of CGHS.

(viii) Undertaking regarding maintenance/operational aspect, safet