DELHI HIGH COURT
SANJEEV SACHDEVA
Anuj Goyal – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petition regarding illegal construction allegations. (Para 2) |
| 2. regularization of previously unauthorized construction. (Para 3) |
| 3. no further action required due to regularization. (Para 4) |
| 4. order to upload and communicate judgment. (Para 5) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent No.1/Corporation to take action against alleged illegal and unauthorized construction in property No.8349-8350 situated at Rani Jhansi Road, New Anaj Mandi, near Filmistan Cinema, Delhi-110006.
3. Learned counsel appearing for respondent No.1/Corporation submits that the property was initially booked for unauthorized construction however, subsequently, the owners of the building applied for regularization of the unauthorized construction and by order dated 23.02.2021, the unauthorized construction has been regularized and the compounding fee has already been deposited. He submits that no further action is contemplated against the property as on date.
4. Since the alleged illegal unauthorized construction in the subject property has already been regularized, no further orders are called
Civil Law - unauthorized construction of road - Since alleged illegal unauthorized construction in subject property has already been regularized, no further orders are called for in this petition.
Unauthorized construction cannot be defended based on inaction against other similar violations; each case must be treated according to its own merits.
The principle of negative equality does not apply, and action can be taken against unauthorized construction regardless of inaction by the Corporation on other illegal constructions in the society.
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 emphasized that no direction for demolition could be issued in the absence of ongoing construction activity and that the regularization application had to be considered and disposed of in a....
Unauthorized construction cannot be ordered for demolition when there is no current activity, and the municipality must consider regularization applications as per legal standards.
The court underscored the requirement for lawful procedures regarding unauthorized constructions, affirming the rights of property occupants to defend against actions taken.
Unauthorized construction claims must be substantiated with verified facts; existence of a sanctioned plan negates the basis for legal intervention.
Construction activities must adhere to sanctioned building plans to ensure structural integrity and prevent unauthorized modifications affecting neighboring properties.
Requirement of a sanctioned building plan and measures to protect structural integrity in property disputes.
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