Delhi High Court
Panchshila Co-Operative House ... vs South Delhi Municipal ... on 14 November, 2019
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th November, 2019
+ W.P.(C) 13213/2018
PANCHSHILA CO-OPERATIVE HOUSE
BUILDING SOCIETY ..... Petitioner
Through: Mr. Ashim Shridhar, Adv.
versus
SOUTH DELHI MUNICIPAL CORPORATION .... Respondent
Through: Mr. Harsha Peechara, Adv. with
Ms. Kriti Sinha, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 14.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This public interest litigation has been preferred with the following
prayers:
"(a) Direct the Respondent South Delhi Municipal
Corporation to conduct a survey check of the properties in
Panchsheel Park for violations of Mixed Use Regulations of
MPD-2021 in running Professional, Commercial or Other
Activity
(b) Issue necessary directions to the effect that in all
cases where commercial or mixed use in Panchsheel Park
Colony is being permitted by the Respondent either afresh or
existing, the Petitioner Resident Welfare Association be
represented and its objections/representations be taken into
account
(c) Direct the Respondent South Delhi Municipal
Corporation to take appropriate action, under Para 15.9
and Para 15.11 of the MPD-2021, against the Properties
being put to mixed use without fulfiling the conditions and
criterion given under Para 15 of the MPD-2021, in a time
bound manner.
(d) Pass any other and further orders as the Hon'ble
Court may deem fit under the facts and circumstances of the
case in favour of the Petitioner and against the
Respondents."
2. Having heard learned counsel for both the sides and looking to the
status report filed by the respondent, it appears that there are violations of
the regulations of Master Plan for Delhi-2021 (hereinafter referred to as
"MPD-2021"), by the owners of some properties in the Panchsheel Park
area, Delhi. It is submitted by the counsel for the petitioner that there are
39 owners/occupiers of the properties who are using their premises
unauthorizedly and therefore survey of the said properties should be
conducted by the respondent and thereafter sealing notice be issued to the
violators of the aforementioned regulations of the "MPD-2021".
3. Learned counsel for respondent submitted that they have filed a
detailed status report by way of an affidavit and it is stated therein that
they have already issued notices to the owners/occupiers of the said
properties who are violating the regulations of MPD-2021.
4. It is also submitted by learned counsel for respondent that out of 39
properties, the uses of 17 properties are found in accordance with the
rules and regulations of "MPD-2021". So far as 8 properties are
concerned, violations have been removed by the owners/occupiers and
they have brought the use of their properties within the permissible limits
of MPD-2021 and for rest of the properties, notices have been issued.
5. Thus, the respondent has already initiated action against remaining
14 properties whose uses are found in violation of "MPD-2021". .
6. In view of the above, we hereby direct the respondent to continue
to take requisite action against the users/occupiers/owners of the
properties, who are violating the regulations of MPD-2021, in accordance
with law, rules, regulations and Government policies, applicable to the
facts and circumstances of the case, after giving an adequate opportunity
of being heard to the users/occupiers/owners of the properties.
7. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
NOVEMBER 14, 2019/dsn
