A R BANERJEE Vs. R S VERMA

JUDGEMENT

(1.) THE appellant, A.R.Banerjee has impugned the order dated 16.07.2010 passed by the learned Single Judge in W.P.(C) No.14090/2009 whereby six months time was granted to the appellant to obtain requisite permission for using a part of the ground floor for banking purposes and the basement for a coaching centre; needless to state the permission had to be from the competent authority, which as we were given to understand is the Municipal Corporation of Delhi. As per the order, on appellants failure to do the needful, the Competent Authority was given liberty to take appropriate action as per law.

(2.) THE directions have been issued on a writ petition filed by the respondent who owns the second floor of the building in question.

(3.) THERE is a dispute between the parties i.e. the appellant and respondent No.1 on the subject to excess construction, beyond the sanction obtained and admittedly, the Municipal Corporation of Delhi has yet to compound the excess construction and there is not even finality on the subject: Whether the entire unauthorized construction is compoundable or not?