SUNITI MADAN Vs. NDMC

JUDGEMENT

(1.) The petitioner, claiming to be the owner of property bearing No.32, Khan Market, New Delhi, has preferred this petition for quashing of the notices dated 3rd June, 2009 and 30th January, 2009 of the respondent NDMC asking the petitioner to remove the staircase constructed by the petitioner on the front side of the property. The petitioner also claims the relief of restraining the respondent NDMC from demolishing the staircase and further for directing the respondent NDMC to regularize the staircase.

(2.) It is not in dispute that the front staircase aforesaid is unauthorized and has been constructed without obtaining any sanction from the respondent NDMC.

(3.) The admitted position is that the ground and first floors of the property are an old construction. The shop on the ground floor has an opening from the front (market side) as well as from the rear lane and the staircase leading to the first floor was at the rear end of the property. It is the case of the petitioner that the ground as well as the first floor had been let out to a Bank; that in or about the year 1979 two electricity junction boxes were installed in the rear lane in front of the door to the property, interfering with the access to the property from the rear lane; however since the Bank was occupying the ground as well as the first floor and could access the staircase from inside the ground floor also, the electricity junction boxes preventing access through the rear door did not interfere with the use of the staircase. The petitioner in the year 1995 applied for sanction for construction of the second floor of the property. The same was sanctioned. The access to the second floor also, as per the sanctioned plan was from the staircase aforesaid at the rear. The petitioner however, according to the respondent NDMC, in or about 1997 and according to the petitioner in 1995 itself unauthorizedly and without obtaining any sanction constructed the staircase going from the ground to the first and second floors from the front side of the property and with respect whereto this dispute has arisen.