Pricewaterhouse Coopers Pvt. Ltd. vs M.C.D. and Others

Hima Kohli, J.—This petition is filed by the petitioner praying inter alia for directions to the respondents to regularize its built up structure existing on Plots No.P-1, P-3, P-4 situated in Khasra No. 30, Saidulajab, Mehrauli Badarpur Road, New Delhi. The second relief sought by the petitioner is to restrain the respondent No.1/MCD from taking any further action in respect of the aforesaid built-up structure.

Counsel for respondent No.1/MCD states that as regards the first relief sought by the petitioner, the request of the petitioner for regularization of the subject plot cannot be considered for the reason that the built up structure in question is not a Lal Dora area but is a part of an unauthorized colony pending regularization and that till the said colony is regularized, the question of considering the application of the petitioner for regularization of its building does not arise.

Insofar as, the second relief sought by the petitioner for restraining respondent No.1/MCD from taking any further action in respect of the subject premises is concerned, counsel for respondent No.1/MCD states that a part of the subject premises was sealed by the MCD prior to the petitioner approaching this Court. However, thereafter, respondent No.1/MCD had stayed its hands in respect of the subject premises in view of the order dated 19.01.2006 which has continued to operate till date and in the meantime, the Building Regulations for Special Area, Unauthorized Regularized Colonies and Village Abadis Act, 2010 was promulgated which grants protection to structures like that of the petitioner''s that are situated in unauthorized colonies pending regularization.

In view of the aforesaid submissions made by counsel for respondent No.1/MCD, the present petition is disposed of with liberty granted to respondent No.1/MCD to take appropriate action in respect of the subject premises only after the protection granted under the aforesaid enactment ceases.

It is further directed that status quo shall be maintained by the parties with regard to the sealing undertaken by the respondent/MCD in respect of a part of the subject premises and further, the petitioner shall maintain status quo with regard to the construction in the subject premises and file an affidavit furnishing inter alia the details of the existing construction on a floor-wise basis alongwith photographs of each floor and giving an undertaking that it shall not carry out any addition/alteration in the existing structure and nor shall it tamper with the seal affixed by respondent No.1/MCD on a part of the premises, details of which shall be furnished in the affidavit. Needful shall be done by the petitioner within four weeks with a copy to the counsel for respondent No.1/MCD.

The petition is disposed of.