GOODVIEW PROPERTIES PVT LTD Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order dated 28.5.2004, passed by the Appellate Tribunal, under Section 31-C of the Delhi Development Act (hereinafter called "the Act"). That order upheld the orders of demolition and sealing orders passed by the Delhi Development Authority (hereinafter called "the DDA") The orders of sealing and demolition too have been impugned.

(2.) The petitioners claim to be owners of land comprised in Municipal No. 1043-D/6, Ward No. 8, forming part of Khasra No. 1151/3 (Min), situated in Lal Dora of Village Mehrauli (hereinafter called the "suit property"). The DDA had issued certain notices alleging unauthorised construction, on the suit property by way of a building up-to third floor. These notices dated 4.1.2001, 15.2.2001, 22.3.2001 and 19.4.2001, were issued under Section 30 (1) of the Delhi Development Act (hereinafter called "The Act").

(3.) The petitioner, feeling aggrieved had approached this Court under Article 226 of the Constitution, by filing CWP No. 3847/2001. The DDA's stand was that the area in question stood declared as a "development area", under Section 12 of the Act, pursuant to a notification published in the Delhi Gazette on 26.7.1989. This Court was of the opinion that once area is declared a development area, permission had to be obtained in writing from the DDA in accordance with the provisions of the Act, before any construction could be carried out.