High Court of DelhiW.P.(C)/4885/2020

Harsh Bharadwaj & ANR. v. North Delhi Municipal Corporation

2020-08-04Hon'Ble Mr. Justice Najmi Waziri2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4885/2020 HARSH BHARDWAJ & ANR.

.....Petitioners Through:

Mr Shekhar Nanavaty Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Ms Puja Kalra, Advocate for NDMC.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 04.08.2020 The hearing was conducted through video conferencing. CM APPL. 17640/2020 (Exemption)

1. Allowed, subject to all just exceptions. The application stands disposed off.

W.P.(C) 4885/2020 & CM APPL. 17639/2020 (For de-sealing of property)

2. Issue notice.

3. Ms. Puja Kalra, learned counsel, accepts notice on behalf of the respondent/NDMC.

4. With the consent of the parties, the petition is taken up for disposal.

5. The petitioners' building at Plot No.2, Block-I,WHS, Kirti Nagar, New Delhi-110015 has been sealed by the respondent-Corporation on account of excess coverage and deviations apropos the sanctioned building plan. The petitioners seek to bring the property in accordance with the sanctioned building plan and permissible compoundable limit. The learned counsel for the respondent-Corporation submits that the underlying objective of the said notice and order of the

Corporation, is to ensure that the petitioners constructs the building as per the existing building norms.

6. In view of the above, the petitioners are granted four weeks time to bring the building conformity with the sanctioned building plan, extant rules, including the permissible compoundable limits. Upon completion of the rectification, the petitioners shall inform the Corporation. The latter shall take give its decision apropos compliance in four weeks thereafter. If the petitioners are required to carry out further correction/rectification in the said building, they shall do so within two weeks of receipt of such order/decision from the Corporation, and/or pursue their remedies as may be available in law. The petitioners' building will be de-sealed by the Corporation on 10.08.2020.

7. The petition, along with pending application, stands disposed-off in the above terms.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J AUGUST 04, 2020/rd