TEJ PRATAP SINGH Vs. N D M C

JUDGEMENT

(1.) Orderly Municipal Governance is the responsibility of the New Delhi Municipal Corporation (herein referred to as NDMC). Space for parking of vehicles is necessary corollary to the construction of multi-storeyed building for commercial use. Utilization of the parking space outside multi-storeyed commercial building is not only to the benefit of the occupiers but is also of use to public at large, to have access the said building. It is in the aforesaid context, petitioner's challenge to respondent-NDMC to take over an area of 6131.46 Sq. Ft. abutting the rear side of petitioner's property bearing No. 23, Barakhamba Road, New Delhi (herein referred to as subject premises), for the purpose of widening the road and to provide commercial parking to the premises in question, has to be considered. So far as the remaining reliefs sought in this petition regarding shifting underground water tank from the front portion of the building to the rear portion of the said building is concerned, the same stands already granted, as is evident from order of 6th April, 2004 which reads as under:-

(2.) It is undisputed that the subject premises which was a residential property was got converted to commercial use by the petitioner after paying the conversion charges to NDMC, but when this was done, is not disclosed. In any case, it is the assertion of the respondent-NDMC that at the time of the conversion of the subject premises from residential to commercial, vide letter of 25th August, 1985 (Annexure-1), petitioner was intimated that the afore-noted portion of the land abutting the rear side of the subject premises is mandatory required for the purpose of road widening/development of parking lot and the petitioner vide aforesaid Communication was called upon to handover the vacant possession of the afore-noted portion to the respondent-NDMC. Again vide Communication of 10th November, 1989 (Annexure -III), petitioner was reminded by the respondent-NDMC that the approval of the plan for the proposed construction of multi-storeyed commercial building at the subject premises, is subject to handing over the afore-noted portion abutting the rear side of the subject premises for widening of road, parking lot etc.

(3.) At the stage of approval of the completion plan for the construction of the newly constructed multi-storeyed building at the subject premises by the petitioner i.e. at the stage of issuance of "Completion Certificate", petitioner vide Communication of 5th September, 2002 (Annexure P-7), had written to the respondent-NDMC to take over the stipulated area of both sides i.e. from rear side of the subject premises also for the purpose of widening of road etc.