O R D E R

% 11.09.2024

1. The petition is for the following relief:-

“a) Pass an order to hold the sanction plan obtained via 20004581 dated 5- Sep-2023 not maintainable as it failed to fulfill the undertaking and direct respondent 1 to cancel the same.

b) Pass an order of mandatory injunction in favor of the petitioner and against the respondents, their agents, employees, attorneys, assignees, legal heirs etc thereby directing them to stop the construction on the property bearing no. 110/10 Gautam Nagar, New Delhi.

c) Pass an order to direct respondents to maintain maximum ground coverage stipulated at 90% mentioned in Annexure VI of Master Plan of Delhi -2021.

d) Pass an order to fulfill the indemnity bond for as required by the 7.4.7 of Unified building bye laws (UBBL-2016), for causing damages and seepage in the basement and walls in the adjacent property bearing no. 110/11 Gautam Nagar.

e) Pass an order to maintain status quo in the premises 110/10 Gautam Nagar until the matter is adjudicated in the execution suit EX 637/2023 or until the disposal of this writ petition by ordering the respondents that no, construction or demolition shall take place.

f) Pass an order for respondent 1 to hold departmental inquiry for their inaction, connivance and negligence in the matter.

g) Pass an order to impose costs on the respondent for their inaction, connivance and negligence in the matter h) Any other order which this Hon’ble court may deem fit and proper under the facts and circumstances of the case.”

3. The Corporation, by way of status report dated 31.07.2024, takes the position that the property was inspected and all the relevant documents were examined.

4. According to the Corporation, it was found that there were various anomalies as has been explained in detail in the status report. The Corporation, therefore, submits that action is not only contemplated against the occupier/builder but against the Architect as well. The learned counsel for the Corporation further submits that even a work stop notice has also been issued.

5. A perusal of paragraph no.10 of the status report would indicate various reasons as to why the building plan does not meet the requirements of the relevant policy and it has been prima facie found that the building does not qualify for sanction of building plan. Para 10 of the status report reads as under:-

"10. That it has been reported that the building plan case of the property being situated in an Unauthorized Regularized Colony, is governed by the Notification dated 17.01.2011 I Master Plan-2021, to be read with relevant policy framed by the Town Planning Department and allied Circulars. But it appears that the case does not qualify for sanction of building plans under the aforesaid Notification/

policy, with violations committed by the applicants and Architect/Structural Engineer/ Supervisor in the following manner: 1. Ownership Documents: The chain of ownership documents as was uploaded by the applicants for the purpose of sanction of building plans through Architect/Structural Engineer/ Supervisor while sanctioning of building plans (a) Copy of duly registered Sale Deed executed on 09/0911949 - between Chaudhary Badhra Sain S/o Chaudhary Hari Singh, in favor of R.S.R. Gautam S/o Pt. S. Gautam {individually measuring 4 Bighas and 13 Biswas and collectively mentioned as 8 Bighas 4 Biswas}.

(b) Indenture dated pt July, 1954 – executed between Shri R. Gautam and Shri Pravin Sankalchand Shah for a piece of land measuring 6 Bighas and 4 biswa (c) Indenture dated 27th March 1969 - executed between Pravin Sankalchand Shah, Panna Pravin Shah, Mona Pravin Shah, Bablu @ LOP A Pravin Shah and Kirit Pravin Shah (as Settlors - HUF) and Savita@ Urmi Shantilal Doctor (the Trustee) - conferring/ transferring exclusive rights (including disposal of property) to the Trustee.

(d) GPA dated 19/09/1985 - executed by Smt. Panna P. Shah W/o Shri Pravin S. Shah in favor of Shri Prem Sagar Gautam S/o Late Rai Saheb R. Gautam (for land