MANJU BHATIA Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) Appellants, who claim to be owners and in possession of Flat No.11-E on the 11th Floor of property bearing Municipal No.10, Bhagwan Dass Road, New Delhi, popularly known as 'White House' building, have filed this Letters Patent Appeal against the order of the learned Single Judge, dismissing Civil Writ Petition No.3135 of 1996 and CM.5502/96 vide order dated 20.8.1996.

(2.) The appellants had filed an appeal bearing No.307-AT/96 before the Appellate Tribunal, M.C.D.against the demolition order passed by the Chairperson, N.D.M.C. dated 17.7.1996 for demolition of four upper floors of the White House building. The appeal was dismissed by the Appellate Tribunal vide a common order dated 26.7.1996 by which the appeals of the owners and another flat owner were also dismissed. An appeal bearing No.40/96-CA was preferred by the appellants against the Appellate Tribunal's order before the Lt.Governor, who dismissed the same vide a common order dated 16.8.1996 by which the appeal of the owner/builder was also dismissed. The appellants had filed CW.3130/96 challenging the orders dated 26.7.1996 and 16.8.1996, which, as noted above, was dismissed by the learned Single Judge.

(3.) The learned Single Judge, while dismissing the writ petition, noticed that the four floors had admittedly been constructed without any sanctioned plan and, therefore, did not find any justification to interfere in the exercise of jurisdiction under Article 226 of the Constitution. The learned Single Judge also noticed that the Civil Writ Petitions bearing Nos.2891/96 and 2785/96 that had been filed by other flat owners had been dismissed by this court. The appellants in the appeal pray for quashing and setting aside of orders of the Administrator, Appellate Tribunal, M.C.D., the Lt.Governor and of the learned Single Judge. Directions/declaration is also sought that the four additional floors be declared to be in accordance with guidelines of 8.2.1988 and building norms.