Brij Prakash Goyal And Anr. vs M.C.D. And Ors.
2005 Latest Caselaw 1085 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule has been issued in writ petition on 22nd January, 2003. With the consent of the learned counsel for the parties, the petition is taken up for final hearing.

2. This writ petition under Article 226 of the Constitution of India arises on account of delay in sanction of building plans in respect of Plot Nos.20 and 21, A-Block, Mansarovar Garden, New Delhi. This petition sought quashing of letter dated 5th August, 1998 issued by the MCD rejecting the petitioners' permission to construct the plot Nos.21 and 22 in the Mansarovar Garden Residential Scheme or in alternative a direction to the MCD to sanction the building plans forthwith and not later than 60 days.

3. It is not in dispute that the petitioners had applied for sanction of the building plans on 2nd June, 1998. The building plans were not being sanctioned in view of a letter of 13th July, 1998 issued by the Principal Secretary, MCD on the ground of the non-sanctioning of the plans of colony at Mansarovar Garden itself. The learned senior counsel for the petitioner, Shri A.S. Chandhiok has produced a letter dated 15th March, 2005 which reads as follows:-

"Kindly refer to discussions held in the office of the Secretary to Lt. Governor on 14 March 2005 on the above mentioned subject.

It is felt that, subsequent to interim directions dated 24.06.1998 of the Lt. Governor to the Chief Secretary, several developments, both on the judicial and the administrative sides, have taken place. Based on consideration of the relevant records, and the subsequent developments, it is felt that a view should be taken in accordance with law.

It is therefore felt that the issue of sanction of building plans in respect of the alternative plots in question should be considered by the M.C.D., after taking into account the relevant records, facts, and developments in the matter till date, including the various judicial verdicts and status of case FIR No. 403/99, P.S. Kirti Nagar. An appropriate view should be taken by M.C.D., in terms of the Delhi Municipal Corporation Act, 1957 and the building bye-laws. For the said purpose, a prayer may be made before the court to remand the matter of sanction of building plans to M.C.D. for a decision by the competent authority within six weeks, and to also return the M.C.D. files which are presently within the Court.

It is requested that the necessary action may kindly be taken accordingly and directions of the court may be conveyed for compliance by the concerned agencies."

4. Thus there is now no impediment in the way of considering the application for the sanctioning of the building plans.

5. In accordance with the contents of the above letter a writ of mandamus is issued to the MCD to take action and process the sanctioning of building plans and take a decision by passing a reasoned order in terms of the application for sanction dated 2nd June, 1998 made by the petitioner within 6 weeks from the date of the receipt of the documents if the records are lying in the registry of this Court. In case the records are available with the registry of this Court it shall be handed over to the counsel for the MCD within 2 weeks from today.

6. The writ petition stands allowed and disposed off accordingly.

7. A copy of this order be given dusty to the counsel for the parties.