Page 1 of 16

$~P-1

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 29^thAugust 2023

+

W.P.(C) 6513/2021 & CM APPLs. 20451/2021, 24419/2022,

32377/2023

YUVRAJ SINGH PUAR

..... Petitioner

Through:

Mr.

Gautam

Narayan,

Ms.

Asmita

Singh,

Mr.

Harshit

Goel, Ms. Akriti Arya, Mr.

Siddhant Singh, Advocates.

versus

SOUTH DELHI MUNICIPAL

CORPORATION & ORS.

..... Respondents

Through:

Mr. Ajjay Aroraa, SC with Mr.

Kapil

Dutta,

Advocate

for

MCD.

Mr. Arun Birbal, Mr. Sanjay

Singh, Advocates for DDA.

Mr. Deepak Dhingra, Ms. Sneh

Somani, Advocates for R-3.

%

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

J U D G M E N T

1.

By way of this writ petition under Article 226 of the

Constitution, the petitioner assails a building plan sanctioned by

respondent No.1- Municipal Corporation of Delhi [“MCD”] at the

instance of respondent No.3- M/s Brits Estate Pvt. Ltd. The impugned

sanctioned plan pertains to property No. B-87, Greater Kailash Part-I,

Digitally Signed

By:SHITU NAGPAL

Signing Date:29.08.2023

20:00:24

Signature Not Verified

Page 2 of 16

New Delhi-110048 [hereinafter, “the subject property”], which is the

property neighboring the petitioner’s residence [B-89, Greater Kailash

Part-I, New Delhi-110048].

A. Facts and litigation history

2.

The impugned building plan, proposed by respondent No.3,

was sanctioned by MCD on 11.09.2020. The petitioner contends that

the plan is contrary to Clause 4.4.3 of the Development Control

Regulations [hereinafter, “DCR”], which forms part of the Master

Plan for Delhi-2021 [hereinafter, “MPD 2021”]. DCR 4.4.3 deals with

regulations in respect of residential plots. It is averred in the petition

that the petitioner was apprised of the impugned building plan by the

construction supervisor of respondent No.3 in January, 2021. The

petitioner made a representation dated 08.02.2021 to MCD on the

ground that some of the elements of the sanctioned plan were contrary

to DCR 4.4.3. As the representation did not elicit a response, the

petitioner filed the aforesaid present writ petition on 12.07.2021 for

the following reliefs:-

“I. Quash the building plan approval granted by R1 under file no

Digitally Signed

By:SHITU NAGPAL

Signing Date:29.08.2023

20:00:24

Signature Not Verified

Page 3 of 16

may deem fit in the circumstances, and in favour of the Petitioner.”

3.

Notice was issued in the writ petition on 19.07.2021. By order

dated 29.07.2021, an application filed by petitioner with regard to

damage caused to his property as a result of the construction [CM

Appl. 22181/2021] was disposed of with certain remedial directions.

The petitioner also made an application for stay of construction [CM

Appl. 32377/2023], which was declined by order dated 16.06.2023.

However, it was directed that, in the event the petition is decided in

favor

of

the

petitioner,

the

construction

which

had

become

unauthorized would be demolished, and respondent No.3 would not be

entitled to claim equities. Further, respondent No.3 was directed not to

create any further third party rights until the next date of hearing.

4.

On 03.07.2023, Mr. Gautam Narayan, learned counsel for the

petitioner, was requested to address on the question of whether the

impugned sanctioned plan is subject to appeal under Section 347B(f)

of the Delhi Municipal Corporation Act, 1957 or any other provision.

On the next date of hearing, i.e. 10.07.2023, the following order was

passed:-

“1. Further to the order dated 03.07.2023, Mr. Gautam Narayan,

Digitally Signed

By:SHITU NAGPAL

Signing Date:29.08.2023

20:00:24

Signature Not Verified

Page 4 of 16

4.List on 12.07.2023.”

5.

In view of Mr. Narayan’s submissions, as recorded above, the

parties proceeded on the basis that the petition would be determined

only on the question of interpretation of DCR 4.4.3, within the

parameters permitted under Article 226 of the Constitution. The

challenge to Regulation 4.4.3 of the DCR was also not pressed.

B. Relevant extracts of DCR Regulation 4.4.3

6.

The relevant provisions of DCR 4.4.3¹are re