Pricewaterhouse Coopers Pvt. ... vs M.C.D. & Ors.
2012 Latest Caselaw 1682 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     W.P.(C) 543/2006

                                      Date of Decision:12th March, 2012.

IN THE MATTER OF:
PRICEWATERHOUSE COOPERS PVT. LTD.            ..... Petitioner
                  Through: Mr. Arjun Pant, Adv.

                      versus

M.C.D. & ORS.                                           ..... Respondents

Through: Mr. Ajay Arora, Adv. with Mr. Kapil Dutta, Adv. for the MCD.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

HIMA KOHLI, J (ORAL)

1. This petition is filed by the petitioner praying inter alia for

directions to the respondents to regularize its built up structure

existing on Plots No.P-1, P-3, P-4 situated in Khasra No.30, Saidulajab,

Mehrauli Badarpur Road, New Delhi. The second relief sought by the

petitioner is to restrain the respondent No.1/MCD from taking any

further action in respect of the aforesaid built-up structure.

2. Counsel for respondent No.1/MCD states that as regards the first

relief sought by the petitioner, the request of the petitioner for

regularization of the subject plot cannot be considered for the reason

that the built up structure in question is not a Lal Dora area but is a

part of an unauthorized colony pending regularization and that till the

said colony is regularized, the question of considering the application

of the petitioner for regularization of its building does not arise.

3. Insofar as, the second relief sought by the petitioner for

restraining respondent No.1/MCD from taking any further action in

respect of the subject premises is concerned, counsel for respondent

No.1/MCD states that a part of the subject premises was sealed by the

MCD prior to the petitioner approaching this Court. However,

thereafter, respondent No.1/MCD had stayed its hands in respect of

the subject premises in view of the order dated 19.01.2006 which has

continued to operate till date and in the meantime, the Building

Regulations for Special Area, Unauthorized Regularized Colonies and

Village Abadis Act, 2010 was promulgated which grants protection to

structures like that of the petitioner's that are situated in unauthorized

colonies pending regularization.

4. In view of the aforesaid submissions made by counsel for

respondent No.1/MCD, the present petition is disposed of with liberty

granted to respondent No.1/MCD to take appropriate action in respect

of the subject premises only after the protection granted under the

aforesaid enactment ceases.

5. It is further directed that status quo shall be maintained by the

parties with regard to the sealing undertaken by the respondent/MCD

in respect of a part of the subject premises and further, the petitioner

shall maintain status quo with regard to the construction in the subject

premises and file an affidavit furnishing inter alia the details of the

existing construction on a floor-wise basis alongwith photographs of

each floor and giving an undertaking that it shall not carry out any

addition/alteration in the existing structure and nor shall it tamper

with the seal affixed by respondent No.1/MCD on a part of the

premises, details of which shall be furnished in the affidavit. Needful

shall be done by the petitioner within four weeks with a copy to the

counsel for respondent No.1/MCD.

6. The petition is disposed of.

(HIMA KOHLI) JUDGE MARCH 12, 2012 'anb'/sk