KRISHAN LAL Vs. MCD

JUDGEMENT

(1.) THE petitioners have filed the present writ petition seeking issue of a writ against the respondents/municipal Corporation of Delhi from demolition of chajj as/balconies and projections on public road/streets. Our attention is drawn to the notice dated 26th November, 2007 issued by the municipal Corporation of Delhi to the owners/occupiers of various buildings requesting them to remove unauthorized projections and encroachments on public land within three days falling which the said projections shall be removed/demolished by the said Corporation.

(2.) LEARNED Senior Counsel for the petitioners has relied upon Sections 317 and 318 of the Delhi Municipal Corporation Act, 1957 and has submitted that mere issuance of notice is not sufficient and in view of Section 317 of the aforesaid Act, projections on public land cannot be regarded as unauthorized. He also relies upon a pamphlet issued by the Municipal corporation of Delhi, wherein our attention is drawn to column Nos. 33 and 35 under the heading "completion Certificate". Learned senior counsel for the petitioners also referred to a decision of a Single Bench of this Court in chandni Chowk Sarv Vyapar Mandal v. MCD, 124 (2005) DLT 51 : 2005 (85) DRJ 632.

(3.) MR. J. M. Sabharwal, Sr. Adv. for the MCD on the contrary submits that no prior permission under Section 318 of MCD Act was obtained for construction of the projections. He also submits that the provisions of Section 317 of the Act are clear and expressly envisage issue of notice for removal of projections that exists on public land. Nothing else is required. He further states that in the present case, individual notices were issued to all persons who are owners/occupiers of buildings which have projections encroaching upon public road/streets. He has drawn our attention to Section 322 of the act. He states that projections are not compoundable under the New building Bye-Laws of 1983 and as such the petitioners are not entitled to any relief. With reference to the pamphlet relied upon by the petitioners, it is stated that the pamphlet was issued on 14th April, 1979 and is not applicable after the enactment of the New Building Bye-Laws in 1983.