Sudarshan Kumar Malhotra & ANR. v. South Delhi Municipal Corporation
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3770/2020 SUDARSHAN KUMAR MALHOTRA & ANR. .....Petitioners Through:
Mr Rahul Malhotra, Advocate.
versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:
Mr Dhanesh Relan, Advocate.
.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 26.06.2020
1. The hearing was conducted through video conferencing. CM 13486/2020 (Exemption)
2. Allowed subject to all just exceptions. The application stands disposed off.
CM 13487/2020 (Court fee)
3. Exemption allowed, subject to the condition that the Petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court. The application stands disposed-off.
W.P.(C) 3770/2020 & CM 13485/2020
4. Issue notice.
5. The learned counsel for the Respondent named-above accepts notice on behalf of the Respondent/Corporation.
6. At joint request of the parties, the petition is taken up for disposal.
7. The petitioners are apprehensive that the lift constructed in the front of their building, albeit maintaining the front set-back of three meters
as is applicable to his property, is likely to be demolished by the respondent-South Delhi Municipal Corporation (SDMC). Their apprehension is largely on account of the fact that for the past few days, officials from the Building Department of the said Corporation have been visiting the petitioners property and the latter have heard certain murmurs of imminent demolition of the structure by the Corporation. According to the petitioners, construction of the lift is permissible under the extant Building Bye-laws. Reference is made to the Procedure and Documentation for Sanction/occupancy-cumCompletion Building Plans of the Unified Building Bye Laws for Delhi 2016, as notified by the DDA on 22.03.2016.
8. The petitioners' land is between 250 to 500 square metres. Clause 4.4.3 of the MPD 2021-Chapter 4, provides for a set-back of 3 meters for a plot of land admeasuring between 250 to 500 sq. metres. The petitioners fall in this category. The relevant clause is reproduced as under:
9. It is further submitted by the learned counsel for the petitioners that presently the set-back is more than three meters, therefore, they have committed no illegality and their structure is not liable to be
demolished. In any case not without prior notice to the petitioners. The photographs of the building are as under: "
"
10.In view of the above, this petition shall be treated as the Petitioners' representation to the Respondent- SDMC, which shall take a decision thereon within three weeks from today and intimate the Petitioners of the same. If the petitioners are required to rectify or make any amends, they shall do so within two weeks thereafter, failing which the respondent-Corporation shall be free to take appropriate action in accordance with law a week thereafter, with due intimation to the petitioners. It will however be open to the petitioners to take recourse to remedies as may be available in law.
11.The petition along with pending application stands disposed-off. 12.The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the counsels through email. NAJMI WAZIRI, J JUNE 26, 2020/rd