Y S MANCHANDA Vs. MCD

JUDGEMENT

(1.) Present petition has been filed by petitioner under Article 226 of the Constitution of India seeking a writ, order or direction to the respondent no.1 MCD to grant a completion certificate/regularization plans duly certified to the petitioner in respect of the ground floor of the property bearing no.15, Siri Fort Road, New Delhi; and carry out demolition of the non-compoundable deviations on the ground floor of the property in question and bring it in conformity with the sanctioned plan.

(2.) Petitioner claims himself to be the owner and in occupation of the ground floor portion of the property in question. As per the petition, the entire building comprises of four floors, which are stated to be owned by different persons. According to the petitioner there is unauthorized construction in the annexee portion for which the DDA, who was then in administrative and civic control of the area, issued demolition order dated 29.5.1991, under Section 30 of Delhi Development Authority Act, 1957. The order of demolition passed by the DDA on 29.5.1991 was challenged by the owner of the building, Mr.S.P. Madan, by filing W.P.(C) 7860/2005 in the High Court. The said writ petition was disposed of by an order dated 28.4.2008 passed by a Single Judge of this Court. Relevant portion of the order, sought to be relied upon by the petitioner, which has been extracted in the writ petition, is reproduced below:

(3.) Based on the above observations made certain directions were issued by the Court in W.P.(C) 7860/2005, which reads as under: