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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
Important Points
Subject
Property Law - Land Use and Zoning
Headnote
(B) Legal principle regarding unauthorized construction - The necessity of regularizing construction that has undergone rectification in compliance with judicial orders is emphasized.
Facts of the case:
The petitioner sought regularization of the structure on property No. 1512, Wazir Nagar, after rectification of the unauthorized construction as directed by a prior court order.
Findings of Court:
The court ordered the respondent to accept the application for regularization and not to take coercive action against the property while the application is being processed.
Issues: The issues addressed include the refusal of the respondent to accept the application despite previous rectifications and the need for compliance with the law in processing such applications.
Ratio Decidendi: The court indicated that the Corporation must accept the application for regularization and act fairly under the law in managing unauthorized constructions, ensuring no coercive action is taken during the application review period.
Result: Petition disposed of with directives.
| 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.
