If any person start’s to demolition works without giving 6 weeks’ notice prior to commencement then it becomes an offence: High Court Of New Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 29th October 2021 W.P.(C) 6388 2018& CM APPLN. 32447 2021 ARUN MAHAJAN Petitioner SOUTH DELHI MUNICIPAL CORPORATION AND ANR. Respondents Advocates who appeared in this case: For the Petitioner : Mr. Saurabh Suman Sinha Advocate. For the Respondents : Mr. Tushar Sannu Standing Counsel SDMC with Ms. Ankita Bhadouriya Mr. Shubham Gupta and Ms. Shriya Sharma Advocates for SDMC R 1 & 2Mr. Vivek Narayan Sharma Advocate for R 3 & 4Ms. Jaya Tomar Advocate for R 5 to 7 through VC) Mr. K.K.Rai Senior Advocate with Mr. Sudhanshu Khandelwal Advocate 6388 2018 C 199 Sarvodaya Enclave New Delhi. By order dated 01.06.2018 the petition was restricted to ascertaining as to whether the construction on the said plot was in conformity with the sanction plan or not. On 11.10.2021 during arguments learned counsel for the petitioner stated that he would be satisfied in case the damage caused to the property of the petitioner is rectified and construction is brought in conformity with the building bye laws. Petitioner was directed to file an affidavit indicating as to the nature of rectification repair work that would be required for the purposes of structural stability of the building of the petitioner. Petitioner has filed an affidavit pursuant to the same. Learned Senior Counsel appearing for the owners of the third floor contends that the extent of the repair and renovation work specified by the petitioner is unrealistic and in any event a civil suit has been filed by the petitioner with regard to the same. Since there is a dispute regard to the extent of alleged damage and the alleged repair renovation required for the same this Court is declining to entertain the said dispute in these proceeding and parties would be relegated to resolving their disputes in appropriate civil W.P.6388 2018 forum. In so far as the aspect of unauthorized construction is concerned the stand of the respondent Corporation is that an online sanction of construction was obtained and thereafter an online completion certificate was obtained. However on inspection it was noticed that there are deviations excess coverage in the property contrary to the sanction plan and the completion plan. However as per the inspection the same are within the compoundable limit. Status report further records that an application for regularization of the compoundable deviations have been filed which is under consideration. Further Corporation has reported that on subsequent inspection it was found that there are certain deviation excess coverages which are not compoundable and parties have been directed to remove the non compoundable deviations. Learned counsel appearing for the owners of the basement and ground floor to third floor submit that non compoundable deviations have been removed. 10. Be that as it may since the petition is restricted to the issue of unauthorized construction and as per the Corporation action has been taken against the unauthorized construction and an application seeking regularization is pending this petition is disposed of with a direction W.P.6388 2018 to the owners to jointly approach the Corporation for the purposes of regularization of the non compoundable deviations. On such an application being filed the Corporation shall dispose of the same within 8 weeks in accordance with law. It is clarified that the issue with regard to the damage to the property of the petitioner and the repair rectification work required for the same is not being considered by the Court said issue is left open. 12. Next date of 09.12.2021 is cancelled. 13. Petition is disposed of in the above terms. OCTOBER 29 2021 SANJEEV SACHDEVA J W.P.6388 2018 

Summary: Petitioner seeks a direction against the respondent-Corporation to demolish the unauthorized construction raised in plot bearing No. SANJEEV SACHDEVA, J. W.P. (C) 6388/2018, and the same issue was held in the judgement passed by a single bench judge comprising HON’BLE MR JUSTICE SANJEEV SACHDEVA, in the matter ARUN MAHAJAN V. SOUTH DELHI MUNICIPAL CORPORATION AND ANR. dealt with an issue mentioned above. Firstly the petition was restricted to ascertaining as to whether the construction on the said plot was in conformity with the sanction plan or not, And also the learned counsel for the petitioner stated that he would be satisfied in case the damage caused to the property of the petitioner is rectified and construction is brought in conformity with the building bye-laws. Meanwhile Petitioner filed an affidavit pursuant to the same, Since there was a dispute regard to the extent of alleged damage and the alleged renovation required for the same, this Court is declining to entertain the said dispute in these proceeding and parties would be relegated to resolving their disputes in appropriate civil W.P. (C) 6388/2018. In so far as the aspect of unauthorized construction is concerned, the stand of the respondent-Corporation is that an online sanction of construction was obtained and thereafter an online completion certificate was also obtained. Further, Corporation has reported that on subsequent inspection it was found that there are certain excess coverage’s which are not compoundable and parties have been directed to remove the non-compoundable deviations. Since the petition is restricted to the issue of unauthorized construction and as per the Corporation action was also taken against the unauthorized construction and an application seeking regularization is pending, this petition is disposed of with a direction W.P. (C) 6388/2018 to the owners to jointly approach the Corporation for the purposes of regularization of the non-compoundable deviations. The court perused the facts and argument’s  presented, it was of the opinion that- “It is clarified that the issue with regard to the damage to the property of the petitioner and the repair/rectification work required for the same is not being considered by the Court, said issue is left open. Next date of 09.12.2021 is cancelled. Petition is disposed of in the above terms”.