SANGGITA KOTAWALA Vs. MCD

JUDGEMENT

(1.) 13 Houses were developed and constructed under the group housing scheme known as Saraswati Kunj, Shamnath Marg, Delhi-110054. Each of the 13 houses have three floors of 4260 square feet consisting of permissible/sanctioned area of 1420 square feet on each floor.

(2.) There was dispute with regard to the flat/house No. 8/1 in the said complex. The W.P.(C) 20530/2005 was filed by Mr. L.D. Gupta alleging unauthorized construction in the said house. The matter got complicated because of inter se disputes between co-owners of the flat/house No. 8/1, Alipur Road, Saraswati Kunj, Shamnath Marg. The writ petition was disposed of by consent of the parties except MCD vide order dated 28th February, 2008. The operative portion of the consent order reads as under:

(3.) MCD did not file any appeal against the said order. In fact subsequently, MCD had filed an affidavit in the said petition that further action in respect of unauthorized construction shown in portion red would be taken as per the decision taken by the Arbitrator.