RAJESH BATRA Vs. RANBIR SINGH AHLAWAT

JUDGEMENT

(1.) THE appellant Rajesh Batra is a builder carrying on business under the name and style 'M/s. Shree Constructions'. The respondent Ranbir Singh is the owner of a part of plot bearing Municipal No.B -39, Panchsheel Enclave, New Delhi. The plot measures 400 square yards, but only 200 square yards belongs to Ranbir Singh Ahlawat and the other portion belongs to his nephew Sudhanshu Ahlawat. Original title to the plot was a lease -hold tenure in favour of Late Sh.Ram Swaroop Ahlawat, the father of the respondent. The lease -hold right was transferred by DDA in favour of the respondent and his nephew in terms of a decree passed by this Court. When DDA announced a policy for conversion of lease -hold tenures to free -hold tenures, the respondent and his nephew sought conversion of the lease -hold tenure into free -hold tenure and the DDA allowed the same, resulting in a conveyance deed executed by DDA in the joint names of the respondent and his nephew Sudhanshu Ahlawat.

(2.) BY consent the respondent and his nephew started using the plot and the super structure thereon to the mutual exclusion of each other, and since the area of the plot is large they managed to divide the user vertically. But as regards the municipal laws the plot continued to be a single entity plot, meaning thereby the extent of construction permissible would be by treating the plot as a single entity; of course the co -owners could by mutual consent divide the same for purposes of beneficial enjoyment.

(3.) MUNICIPAL sanction could not be obtained because the plot, being a single entity plot, required the consent of the respondent's nephew for plan to be sanctioned and further the proposed plans had to take into account the existing constructions on the plot which were with the respondent's nephew. And here arose a problem. The nephew had a built up area in excess of his 50% share. But as regards the municipal authorities, the plot being a single entity plot, the proposed reconstruction plan would relate to only such FAR which could be utilized after deducting the existing FAR.