LAWS(SC)-1997-5-51

MANJU BHATIA Vs. NEW DELHI MUNICIPAL COUNCIL

Decided On May 06, 1997
MANJU BHATIA (MRS) Appellant
V/S
NEW DELHI MUNICIPAL COUNCIL Respondents

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel on both sides.

(3.) The admitted facts are that the builder impleaded as one of the respondents, after obtaining the requisite sanction, built 8 floors (including ground floor) on November 22, 1984 as per the guidelines which permitted 150 F.A.R. with the height restriction of 80 feet. The construction of the building known as "White House", came to be made and the possession of the flats was delivered to the purchasers, the appellant being one of them. At a later stage, it was found that the builder constructed the building in violation of the Regulations. Consequently, the flats of the top four floors were demolished. The demolition came to be challenged by way of the writ petition in the High Court. The High Court dismissed the same. Thus this appeal by special leave.