VIKRAM VAISH FAMILY TRUST Vs. M.C.D.

JUDGEMENT

(1.) THE petitioner seeks a direction to the Respondent Municipal Corporation of Delhi ('MCD') to regularise the construction made by the petitioner on its property at G -1, Pushpanjali Farms, Village Bijwasan, New Delhi. The petitioner trust purchased the property in question on 16.5.1980 and constructed a dwelling unit after getting the building plans approved by the MCD on 27.9.1999.

(2.) BY notification dated 23.7.1998 of the Ministry of Urban Affairs and Employment, Department of Urban Development, Government of India, issued a notification in terms of Section 11A(2) of the Delhi Development Act, 1957 ('Act') making modifications to the Master Plan for Delhi, MPD -2001 which inter alias prescribed revised norms for 'farm houses'. The changes brought out were as under:

(3.) FOLLOWING this, the MCD brought out a public notice inviting applications for regularisation of unauthorised constructions and specified the charges that had to be paid for that purpose. The charges for the additional FAR were Rs. 450/ - per sq.m., apart from compounding fee etc. In terms of this announcement, the petitioner submitted its building plans on 26.3.1999 with the fee of Rs 1,49,350/ - on the basis that it was entitled to 5000 sq.ft. covered area.