ANIL DHINGRA Vs. COMMISSIONER MCD

JUDGEMENT

(1.) THE petitioner, being a resident of house No.C-197, Defence Colony, New Delhi, by this writ petition impugns the sanction accorded by the respondent MCD to the respondent No.4 for construction on plot No.C-198, Defence Colony, New Delhi adjoining the house of the petitioner. It is the case of the petitioner that the respondent No.4 in collusion with the respondent MCD has obtained sanction destroying the side setback as existed for the last fifty years. It is contended that if the respondent No.4 is allowed to construct on the side setback which existed since long, it would affect the essential amenities and easementary rights of light and air to the house of the petitioner. THE senior counsel for the petitioner has further contended that the said side setback on which reconstruction has now been sanctioned was also shown in the layout plan sanctioned of the colony and the layout plan having been sanctioned by the Standing Committee of the respondent MCD and having remained the same, the Building Committee of the respondent MCD cannot now sanction construction in contravention of the said layout plan.

(2.) THE counsel for the respondent MCD appears on advance notice and with consent, the counsels have been finally heard. Need was not felt to issue notice to respondent No.4

(3.) TO meet the argument of the senior counsel for the petitioner of the sanctioned layout plan being not permitted to be violated, attention is drawn to Table 17.1 of the MPD-2021 where while providing norms for plots other than residential plotted development, it has been expressly provided in note (iii) that the layout plan shall be followed in the sanction of the building plans. It is urged that there is no corresponding provision with respect to the residential plots. Attention is also invited to the MPD-2001where, in Clause 8(4) dealing with "Minimum Setbacks" for residential plots, a similar provision as in MPD-2021 with respect to non residential plots existed i.e. in case the layout is sanctioned with more than the maximum prescribed setbacks, the same would be followed in sanction of the building plans. It is argued that the MPD-2021 has intentionally omitted the said clause in relation to setbacks in residential plots.