High Courts must refrain from interfering with factual findings of lower tribunal unless such findings are arbitrary or contravene established legal principles.

JUDGMENT

Jayant Nath, J.

W.P. (C) 9846/2018

1. This writ petition is filed by the petitioner seeking to impugn the show cause notice dated 15.09.2014, the demolition order dated 29.04.2015, the order of the ATMCD dated 10.08.2016 and the order of the Appellate Authority dated 10.08.2018.

2. The case of the petitioner is that the property bearing No. 8770/14B, Shidi Pura, Karol Bagh, Delhi (measuring 85 sq. yards) was purchased by Late Sh.Prem Nath Shrama, husband of the petitioner on 20.09.1982. Prior to the said property, he had also purchased the adjacent property bearing No. 8771/14 B (measuring 160 sq. yards) on 28.10.1972. Sh. Prem Nath Sharma died on 11.05.1996. Pursuant to a Will, the petitioner became the absolute owner of the two properties.

3. It is further stated that the said property No. 8770/14B was built up to first floor when the property was purchased in 1982. After purchase of the property, Sh. Prem Nath Sharma constructed a basement and second floor and made alterations on the ground floor. Reliance is placed on a survey carried out by the House Tax department on 01.04.1968 and 22.03.1997. Hence, it is claimed that since April 1996 the property comprises basement, ground floor, first and second floor.

4. It is stated that due to old age construction and ordinary wear and tear, the property required extensive repairs. The respondent vide its letter dated 26.05.2014 is said to have permitted the petitioner to carry out repairs stating that no permission for repair is required.

5. The construction on the third floor was raised in 2004 which was not pursuant to any sanctioned building plan. However, reliance is placed on the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 to claim that the same is not liable to be demolished.

6. It is further claimed that the respondent issued a vague show cause notice on 15.09.2014 stating that there is unauthorized construction in the shape of second floor and third floor. The petitioner filed a detailed reply to the said show cause notice. It is claimed that ignoring the reply, the respondent passed the impugned demolition order dated 29.04.2015.

7. I may look at the demolition order. The said demolition order dated 29.04.2015 notes that the unauthorized construction of basement, shops at ground floor and first floor were noticed by the Department on 01.09.2014 and the same were booked. The demolition order was passed on 11.09.2014 as per law for the said portion of the property i.e. basement, ground floor and first floor. The record shows that prior to the demolition order dated 11.09.2014 a work stop notice was issued under Section 344 of the DMC Act on 26.08.2014 but the petitioner did not desist and continued to raise construction unauthorisedly. It is stated that when the first show cause notice dated 01.09.2019 was issued it pertained only to the basement, ground floor and first floor. It is manifest that there was no second floor and third floor in existence at that time and so the said first show cause pertained to only the basement, ground floor and first floor. At that stage as no second floor and third floor existed, the first demolition order did not cover the said floors. The order further notes that there is nothing to show when the basement was constructed in the existing building originally. The plea that property tax was paid on the basement was not accepted as the documents of house tax payment did not giv