CHAMPA GULATI Vs. COMMISSIONER OF MCD

JUDGEMENT

(1.) The scrounge of rampant unauthorized construction and misuser of residential properties for commercial usepermeates almost all over Delhi. This has resulted in an attitude of the builders and owners that despite breaking all rules and regulations for construction and user of the property, no action would be taken. The only answer of such people is that others are also doing the same thing. They have become law unto their own selves. This brazen violation of all norms necessary for the maintenance and planned development of Delhi must be put down with a firm hand and no indulgence is liable to be shown to such persons in exercise of jurisdiction under Article 226 of the Constitution of India.

(2.) The present case is one such case where the order of the Appellate Tribunal dated 23rd July 1987 has been in pugned.

(3.) The property in question is bearing No. H-10 Rajouri Garden, New Delhi and building plan for construction of a esidential structure was sanctioned on 17th July 1986. Low behold a mini market was constructed instead of a residential building in violation of all norms with consequential deviations in construction. A Show Cause Notice was issued under Section 345 (1) and 343 of the Delhi Municipal Corporation Act, 1957 (hereinafter called and referred to as "the said Act") on 1st December 1986 pointing out the unauthorized construction and finally a demolition order was passed on 21st May 1987. (The said demolition order is, however, referred to as a fresh demolition notice). It is his demolition order which was impugned before the Appellate Tribunal. The Appellate Tribunal dismissed the appeal by a detailed and reasoned order on 23rd July 1987 which has been impugned in the present writ petition.