KANWAL SIBAL Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner, inter alia, impugns a letter dated 19.10.2012 sent by New Delhi Municipal Council (hereafter 'NDMC') whereby the petitioner's application for sanction of plans for carrying out addition/alteration works on the terrace of the second floor of the property bearing no. 171, Jor Bagh, New Delhi were returned principally on the ground that the same were not signed by other co-owners of the property (i.e owners of other floors of the property bearing no. 171, Jor Bagh, New Delhi).

(2.) Briefly stated, the relevant facts necessary for considering the controversy are as under:-

(3.) The learned counsel for the petitioner contended that there is no provision in law whereby the signatures of owners of other floors are required as a precondition for the grant of sanction for development of one's own property. The learned counsel further referred to the decision of a Division Bench of this court in Municipal Corporation of Delhi v. Smt. Usha Devi Sharma, 2006 127 DLT 275 (DB) in support of his contention that it was not necessary that an application for development of a floor of a property be co-signed by owners of other floors of the property if the property is recorded separately in the name of the applicant.