MCD Vs. BHARAT BHUSHAN JAIN

JUDGEMENT

(1.) The petitioner corporation has filed the present petition impugning an order dated 13.02.2012 (hereafter the 'impugned order') passed by the District Judge, Delhi whereby the appeal filed by the petitioner corporation against an order dated 10.10.2011 passed by the Appellate Tribunal, MCD (hereafter the 'Tribunal') was dismissed. The Tribunal, by the order dated 10.10.2011, held that the building plans submitted by the respondent in respect of his property were deemed to have been sanctioned by the petitioner corporation in favour of the respondent with effect from 19.10.2010 as the petitioner corporation had failed to decide the application of the respondent within a period of 60 days as mandated by Section 337 of the Delhi Municipal Corporation Act, 1957 (hereafter 'the Act').

(2.) The petitioner corporation submits that the Tribunal and the District Judge, erred in holding that the plans submitted by the respondent for constructing his property bearing No. 4752, 4758 at 23, Ansari Road, Darya Ganj, New Delhi, were deemed to be sanctioned. According to the petitioner corporation, the height of the building as per the plans although in conformity with the unified building bye-laws is higher than as permitted by Archeological Survey of India (ASI). And, the respondent has also not provided for stilt parking. The petitioner corporation submits that as the plans submitted by the respondent were contrary to law, the provisions of Section 337 of the Act were inapplicable and the Tribunal and the District Judge, erred in not considering the same.

(3.) The limited controversy to be addressed is whether the District Judge erred in holding that the plans submitted by the respondent were deemed to be sanctioned by virtue of Section 337(1) of the Act and, consequently, rejecting the appeal filed by the petitioner corporation.