Consent regarding unauthorized construction requires adherence to statutory regulations; enforcement of building norms is critical for public safety.

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

CM APPL. 40778/2025 (Exemption)

2. Allowed,subject to all just exceptions.Theapplication stands disposed of.

W.P.(C) 9756/2025

3. The present petition has been filed by the Petitioner-Mandeep Mann under Article 226 of the Constitution of India, inter alia, seeking various reliefs in respect of the Sadbawna Cooperative Group Housing Society Ltd (hereinafter, ‘Society’). The prayers in the present petition are as under:

“a. Issue an appropriate Writ, Order or Direction, Signature Not Verified Signed By:NAMITA W.P.(C)9756/2025 Page1of4 including a Writ of Mandamus, directing Respondent No.1 (DDA) and Respondent No.2 (MCD) to forthwith halt all ongoing unauthorized construction activities being carried out in Sadbhawna CGHS Ltd., Plot No. 11, Sector 11, Dwarka, New Delhi–110075 (Respondent No.4), which are in violation of the sanctioned building plans, MBBL-2016, MPD-2021 and other applicable building regulations; and b. Direct Respondents No.1 and 2 to undertake demolition of all structures erected in excess or in deviation from the sanctioned layout and building plans, and to ensure compliance with the statutory provisions of the Delhi Development Act , 1957 and Unified Building Bye-Laws for Delhi, 2016; and c.DirectRespondentsNo.1and2toinitiatedisciplinaryand legal proceedings against all erring officers, developers, architects, and members of the managing/executive committee of Respondent No.4 Society for having colluded in the grant and execution of illegal construction and for furnishing false/forged structural and other documents and for their failure to act on the Petitioner’s complaints; and d. Direct the Respondents to place on record the complete record of Floor Area Ratio (FAR) sanctioned by DDA/competent authority for Respondent No.4 Society for the period 2017 to 2025, along with the basis of such allocation in terms of MPD-2021 and MBBL-2016; and e. Direct the Respondents to furnish a block-wise/tower- wise breakup of the FAR allocation to the various constituent buildings/blocks within Respondent No.4 Society, and the rationale adopted in proportioning the same; and f. Direct the Respondents to submit a status report of all actionstakenbetween2017 and 2025,whereverFAR-based construction was halted, and the grounds of such suspension or withdrawal of work permissions, if any; and g. Pass appropriate directions to the Respondents to duly classify the Petitioner’s property asfallingunder Category- D in accordance with the applicable norms under the Signature Not Verified Signed By:NAMITA W.P.(C)9756/2025 Page2of4 Master Plan for Delhi, 2021 and other prevailing regulations, and to ensure the allocation of maximum permissible Floor Area Ratio (FAR) in a proportionate and equitable, at par with similarly situated residents of Respondent No. 5/Society, strictly in accordance with law;and h. Direct Respondents No.1 to 3 to blacklist, de-empanel, and take penal action under applicable law against the Architects, Builders, Developers, Structural Engineers, and any other individuals or entities responsible for illegal, unsafe, or unauthorized construction within Respondent No.4 Society, including for violations of public safety, environmental norms, and building codes; and i. Direct the appointment of an independent court- monitored technical agency, comprising experts in civil engineering, fire safety, and urban planning, to conduct a comprehensive structural and regulatory audit of the entire construction in Respondent No.4 Society, and to submit a report regarding: (i) conformity with sanctioned plans, (ii) safety of existing structures, and (iii) proper allocation and utilizationofFARaspertherecordsofDDAandapplicable law; and j. Direct Respondents 3-5 to refrain from carrying out