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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Sanjay Gupta - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 4028 of 2021
Decided On : 26-03-2021
| Table of Content |
|---|
| 1. petitioner seeks regularization of unapproved structure. (Para 1) |
| 2. arguments presented regarding application processing. (Para 2 , 4 , 5) |
| 3. court's directive on processing application. (Para 3 , 6 , 7) |
| 4. conclusion and disposal of the petition. (Para 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM. APPL. 12178/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 4028/2021 & CM. APPL. 12179/2021
1. Petitioner seeks a direction to the respondent/Corporation to accept the application for sanction/regularization of the existing structure on property No. 1512, Wazir Nagar, Kotla Mubarakpur, New Delhi.
2. Learned counsel for the petitioner submits that pursuant to order dated 22.12.2020 in W.P. (C) No.10854/2020, petitioner has carried out the rectification of the unauthorized construction and has approached the Corporation for regularization of the existing structure however, the officers of the Corporation have not accepted the application.
3. Issue notice. Notice is accepted by learned counsel for the respondent/Corporation.
4. Learned counsel for the respondent/Corporation submits that the petitioner may make an application for sanction/regularization of the existing structure and the same shall be received by the respondent and processed in accordance with law.
5. Learned counsel for the petitioner submits that the petitioner shall make an application within two weeks.
6. On petitioner making such an application, the respondent/Corporation is directed to accept the same, process it in accordance with law and pass appropriate order.
7. It is further directed that in case petitioner files an application for regularization within a period of two weeks, then pending consideration of the application, respondent shall not take any coercive action against the property of the petitioner.
8. The petition is disposed of in the above terms.
9. Order Dasti under signatures of the Court Master.
A timely decision on regularization applications is essential to safeguard properties from premature demolition actions.
A property owner can seek de-sealing and regularization for unauthorized constructions, provided rectifications comply with building bye-laws, per the court's directive.
Direction for lawful action regarding unauthorized construction depends on the outcomes of pending appeal and regularization applications, ensuring no prejudice to ongoing legal matters.
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.
Judicial intervention is justified when administrative bodies delay the processing of applications, violating statutory requirements for timely decision-making.
The court's decision was influenced by the need to provide the respondents with an opportunity to approach the appellate Tribunal-MCD and seek remedy in accordance with the law.
The court's decision emphasized the importance of allowing the respondents to avail of their remedy before the Appellate Tribunal-MCD in cases of unauthorized construction and demolition actions.
The court reiterated that unauthorized constructions can be demolished if they do not comply with building bye-laws, while allowing a deferral for an appeal process before the Appellate Tribunal.
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