KAMLESH MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C) 12249/2009 & CM APPL. NO. 12532/2009

(2.) In substance, the case of the petitioner is that the property in question is governed by the Policy and Procedure for Permission and Regularization of additions / Alterations in DDA Flats issued by the Delhi Development Authority sometime in the year 2003. Admittedly, this has also been duly adopted by the MCD. The relevant portion of this policy is as follows:

(3.) All the relevant site plans of the area have also been furnished. A perusal of the same shows that the coverage that has been carried out by the petitioner, is on top of a pre-existing floor level terrace, and not on any floor level terrace that would have become available as a result of fresh coverage of either a courtyard or terrace of the floor below.