UNION OF INDIA Vs. HARISH UPPAL

JUDGEMENT

(1.) Union of India, Land and Development Office, assails the order dated 20th July, 2010 passed by the learned Single Judge quashing their notice dated 15th July, 2009. By the said notice, the respondent-Dr. Harish Uppal was informed that he had not stopped the misuse of the basement in 20, Todarmal Road, New Delhi (property, for short) as required vide earlier office letter dated 4th/12th September, 2008. The respondent was given opportunity to get the breach regularized, failing which the appellant would re-enter the property for violation of the terms of the lease deed.

(2.) The letter dated 4th/12th September, 2008 alleges that the respondent was using 496 sq.fts. of the basement as an office of an Advocate. The contention of the respondent was/is that he has not violated the terms of the lease deed as there was no misuse of the basement. The said contention of the respondent has been accepted by the learned single Judge. 3. Learned Single Judge has referred to the office order dated 22nd March, 1983, the relevant portion of which stipulates:- (a) Rooms being used for professional work by the occupants such as Doctors, Hakims and vaids, Lawyers, Architects, Engineers, Chartered Accountants, Business Consultants and journalists when it is committed by the occupants of the whole or the major part of the residential premises and the portion is being used for professional work does not exceed 30% of the covered area or 500sq. ft. whichever is less. These are effective from 17.6.1982. 4. Learned counsel for the appellant has submitted that the office order does not apply to buildings in the Lutyen.s Bungalow Zone area. Albeit, this is not stated in the office order or circular. There is no office order or circular clarifying such position. 5. Learned counsel for the appellant submitted that the office order refers to rooms. and does not refer to the basement.. This contention is not acceptable as under the Master Plan of Delhi 2021 w.e.f. 7th February, 2007 under clause 15.8.iv existing professional activity can continue. The said clause reads as under: 15.8. PROFESSIONAL ACTIVITY Subject to the general terms and conditions specified in para 15.4, professional activity is permissible in plotted development and group housing under the following specific conditions: i. Professional activities shall mean those activities involving services based on professional skills namely Doctor, Lawyer, Architect, and Chartered Accountant, Company Secretary, Cost and Works Accountant, Engineer, Town Planner, Media professionals and Documentary Film maker.

(3.) In group housing, and plotted development with multiple dwelling units, professional activity shall be permitted on any floor subject to maximum of 50% of the permissible or sanctioned FAR whichever is less of each dwelling unit.