VIKRAM ENTERPRISES Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) CM No.11832/2010 (of the petitioner for restoration of the writ petition dismissed in default on 2nd August, 2010). It was made clear on 6th September, 2010 that the application for restoration shall be heard only when the petitioner is also willing to argue the writ petition on merits. The counsel for the petitioner has today expressed willingness to argue the writ petition on merits. The counsel for the petitioner has been heard on the writ petition. The counsel for the respondent no.3 NDMC has been heard in opposition to the application for restoration.

(2.) FOR the reasons stated in the application, the same is allowed and the writ petition is restored to its original position.

(3.) IT is not in dispute that construction beyond the sanctioned plan exists on the property. The contention of the petitioner is that the said construction beyond the sanctioned plan has been in existence since prior to 1984 when the Punjab Municipal Act, 1911 then governing the area was amended. Prior to the said amendment, the unauthorized construction was actionable only within a period of six months of construction.