Back
IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Saroj Rani - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P(C) 2566 of 2021 & CM Appl. 7568 of 2021
Decided On : 24-02-2021
Petitioner must submit a detailed application for renovation work to obtain permission from the Corporation, following prior orders and compliance requirements.
Headnote:(A) Delhi Municipal Corporation Act, 1957 - Permission for repair/renovation work - Previous permission granted on 21.08.2019 as per the Division Bench orders in W.P
(C) 6455/2015 - Petitioner requires fresh permission due to incomplete work - Petitioner directed to submit a detailed application regarding proposed renovation work, including site plan and photographs - Corporation to consider the application within three weeks, ensuring physical inspection. (Paras 1-8)
(B) Compliance with previous orders - Petitioner prohibited from carrying out any construction without the Corporation's permission and must adhere to Division Bench orders. (Para 8)
Facts of the case:
The petitioner seeks permission for repair/renovation of property in New Delhi, having previously received permission under the orders of a Division Bench for a related matter, but was unable to complete the work.
Findings of Court:
The petition is disposed of, directing the petitioner to file a detailed application for renovation, with the Corporation expected to respond within three weeks.
Issues: Whether the petitioner is entitled to fresh permission for renovation after previous permissions were granted.
Ratio Decidendi: The court established that it is essential for the petitioner to provide comprehensive details concerning renovation proposals to allow the Corporation to make an informed decision.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. petitioner seeks permission for property renovation. (Para 1 , 2 , 3) |
| 2. notice issued; respondent counsel acknowledges. (Para 4) |
| 3. detailed application and guidelines for inspection required. (Para 5 , 6 , 7 , 8) |
| 4. conclusion and order for case disposition. (Para 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--Petitioner seeks a direction to the respondent to grant permission for repair/renovation work in property bearing No.H-34, W-10C/18, Western Avenue, Sainik Farm, New Delhi.
2. Learned counsel submits that earlier permission was granted to the petitioner on 21.08.2019 consequent to orders passed by the Division Bench of this Court in W.P(C) 6455/2015 titled Ramesh Dugar Convener Area Development Committee Sainik Farms vs. South Delhi Municipal Corporation.
3. Learned counsel submits that petitioner could not complete the repair/renovation work and accordingly fresh permission is required from the Corporation.
4. Issue notice. Notice is accepted by learned counsel appearing for the Corporation.
5. Learned counsel appearing for the Respondent submits that petitioner should be directed to submit a detailed application with regard to the repair and renovation work that is required to be carried out.
6. In view of the above, petition is disposed of directing the petitioner to file a detailed application with the Corporation enclosing therewith the site plan of the existing structure along with photographs of the existing structure as well as the details of the proposed repair/renovation work that is proposed to be carried out.
7. On receipt of the application, Corporation shall consider the same and pass appropriate orders within a period of three weeks. The officers of the Corporation shall be entitled to carry out physical inspection of the property for the consideration of the application.
8. Petitioner shall not carry out any repair or construction activity contrary to the permission if granted by the Corporation and shall also comply with the orders passed by the Division Bench in W.P(C) 6455/2015 titled Ramesh Dugar Convener Area Development Committee Sainik Farms vs. South Delhi Municipal Corporation.
9. Petition is disposed of in the above terms.
10. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
