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DELHI HIGH COURT
SANJEEV SACHDEVA
Hoshiar Singh – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. ownership and occupancy of property subject to dispute. (Para 2 , 6 , 7) |
| 2. claim of unauthorized construction and appeal proceedings. (Para 3 , 4 , 5 , 8) |
| 3. court's non-involvement in property identity merits. (Para 9 , 12 , 13) |
| 4. direction for action based on mcd tribunal's outcome. (Para 10 , 11 , 14) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents to take action against alleged illegal, unauthorized construction being raised by respondent No.3 in property No.91-C, Gali No.4, Krishna Nagar, New Delhi.
3. Learned counsel appearing for respondent No.3 submits that respondent No.3 is owner of property No.101 and not 91-C and he has a sanction plan for raising construction on property No.101.
4. He further submits that by a subsequent order dated 10.12.2021, the sanction plan has been revoked and he has already filed an appeal before the Appellate Tribunal, MCD and by order dated 23.12.2021, the Appellate Tribunal, MCD has directed status quo to be maintained in respect of the said property.
5. He submits that no construction activity is being carried out in the su
The court reiterated that unauthorized construction issues should be dealt with by the municipal corporation, while appeals regarding property ownership must be resolved through the appropriate tribu....
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....
The Court directed the corporation to act against unauthorized construction based on the outcome of an ongoing appeal, emphasizing that appellate bodies must operate independently.
The court emphasized the necessity of adhering to principles of natural justice and legal requirements in construction activities, ensuring no unauthorized actions occur without proper sanction.
Unauthorized construction can be regularized upon payment of a compounding fee, negating the necessity for further court action.
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
Construction activities must adhere to sanctioned building plans to ensure structural integrity and prevent unauthorized modifications affecting neighboring properties.
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
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