S P MADAN Vs. M C D

JUDGEMENT

(1.) The grievance raised by the petitioner in the present writ petition is that the respondent MCD has not taken any action to demolish unauthorized construction existing in property bearing No.15, Sirifort Road, Delhi. The petitioner has also claimed granting of some damages for unauthorized use and occupation in terms of prayer 'C' of the writ petition. In prayer 'A', the petitioner has claimed quashing of the impugned order dated 7.3.2005 which, as per the counsel for the petitioner, already stands settled, and therefore, he does not press prayer 'A'.

(2.) Vide order dated 3.4.2008, counsel appearing for the respondent MCD made a submission stating that although the application for regularization of compoundable area stands filed by the respective occupants of the said property but the same was not being processed as the application was not signed by all the owners of the suit property bearing No.15, Sirifort Road, Delhi. It was also observed by the Court that there are various litigations pending between the owner of the property and the builder before the Arbitrator and due to the pendency of the said dispute, there is no possibility of the application being signed by the owner.

(3.) The Court has also observed that there cannot be any dispute that the unauthorized construction beyond the compoundable area has to be demolished and the construction within the compoundable limit could be regularized only on payment of compounding charges. Learned counsel for the applicant who is representing the occupants of 2nd and 3rd floors sought time to obtain instructions whether the said occupants are ready and willing to pay the compounding charges.