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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Subhash Chand - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 716 of 2021
Decided On : 20-01-2022
| Table of Content |
|---|
| 1. unauthorized construction action against properties (Para 2 , 3 , 4 , 5) |
| 2. direction for lawful action with occupant rights preserved (Para 6) |
| 3. order dissemination protocol (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondent/Corporation to take action against alleged unauthorized illegal construction in properties number 2/45, 2/46, 2/47 and 2/48, Jangpura A, New Delhi.
3. Status report has been filed by the Corporation in respect of each of the subject properties.
4. It is stated in the status report that properties number 2/45 and 2/47 are located on the ground floor, which does not allow any additional floor since first floor has a separate identity and accordingly, no action is proposed against properties number 2/45 and 2/47, Jangpura A, New Delhi.
5. Insofar as properties number 2/46 and 2/48 are concerned, it is stated that said properties have been booked and appropriate action in accordance with law is being taken.
6. In view of the above, this petition is disposed of, directing the respondent/Corporation to take action in accordance with law after giving due opportunity to the occupants as contemplated by law. Further, it is directed that this would be without prejudice to the rights of the occupants/owners of the said properties to defend the proceedings by initiating appropriate action in accordance with law.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through e-mail by the Court Master.
The court underscored the requirement for lawful procedures regarding unauthorized constructions, affirming the rights of property occupants to defend against actions taken.
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.
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.
A petition under Article 226 is not maintainable unless the petitioner demonstrates locus standi and establishes a connection to the property in question.
Unauthorized construction can be regularized upon payment of a compounding fee, negating the necessity for further court action.
Requirement of a sanctioned building plan and measures to protect structural integrity in property disputes.
Construction activities must adhere to sanctioned building plans to ensure structural integrity and prevent unauthorized modifications affecting neighboring properties.
The court's decision was influenced by the Corporation's revocation of the sanction plan and the pendency of an appeal before the appellate Tribunal, MCD, without making any determination on the meri....
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
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