SARLA KUMARI Vs. H L DUA

JUDGEMENT

(1.) Pursuant to our last order, affidavit of the Chief Secretary has been filed. It has been stated therein that the menace of unlawful constructions has a.ssumed alarming proportion and that the duty in primarily cast on the Corporation to identify the violations and to proceed accordance with law. The Chief Secretary has further stated that the Administration can give police aid for carrying out demolition of such construction on receipt of requisition from the Corporation. The modifications which have been made in the bye-laws have also been clarified in this affidavit. According to the revised bye-laws excess coverage upto 20% per floor, subject to a maximum of 450 sq. ft. and compounding of infringement of setbacks upto a maximum limit of 2 ft., on payment of compounding fee, have been notified, It is, however made clear that the said relexation applies only to constructions which come up prior to the date of notification i.e. 13th December, 1990 Cases of future constructions, namely, where the construction in completed or undertaken after 13th December, 1990 the compounding of excess coverage is to be restricted to 10% per floor and the infringement of setbacks upto 1 ft. The purpose of the aforesaid relaxation is stated to be to create conditions where minor deviations could be compound and major violations are identified and dealt with sternly by the concerned authorities.

(2.) Keeping in view the aforesaid averments of the Chief Secretary, we direct the Municipal Corporation as follows :

(3.) It is further directed that no civil suit shall be entertained by any court in Delhi in respect of any action taken or proposed to be taken by the Corporation with regard to the sealing and/or demolition of any building or any part thereof. Any person aggrieved by an order of sealing or demolition which is passed shall, however, have the right of filing an appeal to the Appellate Tribunal under the Municipal Act. The Appellate Tribunal is the only forum which has the jurisdiction to grant interim relief.