The Hindu : New Delhi News : Relief with a rider for Delhi property owners

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Saturday, Mar 15, 2008
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Relief with a rider for Delhi property owners

Apex court allows construction of third floor in residential colonies

Directive applicable to buildings with a height not exceeding maximum limit of 15 metres
Provisions regarding maximum number of dwelling units that can be built also modified

NEW DELHI: Property owners in the Capital on Friday got a major relief from the Supreme Court which allowed construction of a third floor on plots in residential colonies subject to its final decision on the validity of the Master Plan for Delhi-2021.

The apex court said the relief would be available to property owners who “fulfil” the requirements laid down in the Master Plan relating to a building’s height and floor area ratio (FAR).

A Bench of the Court headed by Justice Arijit Pasayat made it clear that the interim relief would not be extended to commercial and industrial areas.

The order which came with a rider said neither the owners nor the persons to whom the property would be sold or transferred after the construction could claim equity if the verdict goes against them and “demolition” is ordered.

While directing that additional floors could be constructed provided the height of the building does not exceed the maximum limit of 15 metres as specified by the Master Plan, the Bench also modified the provisions relating to the maximum number of dwelling units that can be built in different categories of plots.

It said the category of plot in which the Master Plan-2021 permitted six dwelling units would be reduced to five and where the maximum number was fixed at nine, it would be now seven.

Similarly, in the category where the maximum sanctioned number of dwelling units is ten, the new limit would be eight, said the Bench, which included Justice C.K. Thakker and Justice L. S. Panta.

Earlier in September 2006, the Centre had come out with the notification which said that any additional floor above the permissible limit should not be considered as a dwelling unit.

With Friday’s order, all confusion over the issue of additional floor has come to an end. The Court on May 7 last year had restrained the Municipal Corporation of Delhi from allowing such sanction, but on July 23, 2007, it had clarified that its order would prohibit any new construction in which the application was made after May 7.

The construction of additional floor was opposed by some petitioners and even advocate Ranjit Kumar, who is assisting the Court as amicus curiae in the matter, had questioned how the civic authorities intended to provide the necessary infrastructure for meeting the requirements of the ambitious plan.

The Court said all these issues would be discussed when the matter comes up for hearing in July.

Later, when it was pointed out that the MCD had been unable to de-seal the premises as ordered by the apex court as the monitoring committee appointed by it was asking the property owners to pay the “misuser” charge for the period when they had not followed the Court order, the Bench said it could be decided at the later stage.

To get the premises de-sealed, those alleged “misusers” can file an affidavit giving an undertaking that they would abide by the order on payment of such charge if it was found that it was liable on them, the Court said.

When the amicus curiae said the pace at which the sealing drive was going on it would not be possible for the MCD to complete the exercise within the deadline of June 30, the Bench said it would wait for the report when the matter would be heard again. — PTI

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