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DELHI HIGH COURT
SANJEEV SACHDEVA
Sameer Malhotra – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. unauthorized construction details. (Para 2) |
| 2. controversy over construction authorization and actions taken. (Para 3 , 10 , 11 , 13) |
| 3. court's directives regarding safety, construction, and responsibilities. (Para 4 , 5 , 6 , 7 , 8 , 9 , 14 , 15 , 16 , 17 , 18) |
| 4. conclusion and disposal of the petition. (Para 19 , 20 , 21) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction against the respondent-Corporation to take action against the illegal unauthorized construction being carried out over half portion measuring 288 sq. yards towards eastern side of the property bearing No. 61/22, Ramjas Road, Karol Bagh, New Delhi-110005 without any sanction plan or requisite permission.
3. Order dated 07.07.2021 records the contention of learned counsel appearing for the municipal corporation that there was a sanctioned plan for the building which was applied for under the Saral Scheme. Further, it was contended that there were certain misrepresentations at the time of making the application and accordingly action in accordance with law was proposed to be taken.
4. Undertaking was given by the respondent no.
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
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.
Unauthorized construction claims must be substantiated with verified facts; existence of a sanctioned plan negates the basis for legal intervention.
Municipal authorities possess the jurisdiction to enforce laws against unauthorized construction, which must be acted upon as per legal provisions, while respecting the appeals process.
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....
A revocation of a building plan without adequate notice and opportunity for hearing violates natural justice principles under the Delhi Municipal Corporation Act.
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 central legal point established in the judgment is the requirement to adhere to the principles of natural justice as mandated by Section 338 of the Delhi Municipal Corporation Act, 1957, particul....
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