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Split verdicts on petitions in demolition, sealing cases

NEW DELHI: The Delhi High Court on Tuesday gave split verdicts on a bunch of petitions seeking a direction to the Municipal Corporation of Delhi not to demolish and seal illegal commercial premises built on illegally sub-divided industrial plots in the Rama Road Industrial Area in West Delhi.

While Justice A. K. Sikri of the Division Bench of the Court ordered de-sealing of the premises subject to certain conditions, the other Judge on the Bench, Justice Rekha Sharma, said in her separate judgment that there was no case for de-sealing of these premises.

Mr. Justice Sikri justified his verdict on the grounds that that Master Plan for Delhi-2021 had accepted the sub-division of the plots till framing of guidelines by the Delhi Development Authority (DDA) within two years of the notification of the Master Plan and the Supreme Court had also not given a stay on its operation on petitions challenging it.

The conditions ordered by Mr. Justice Sikri for de-sealing the premises are that the petitioners will file affidavits assuring that they will not carry out further construction or alternation in their premises; they will abide by the guidelines to be framed by the DDA as well as Supreme Court’s judgment on the petitions challenging the Master Plan.

However, Mr. Justice Sirki ordered demolition of those premises on the sub-divided plots that had been built after January 1 2006.

Ms. Justice Rekha Sharma in her justification said that since the premises were built without obtaining building sanction plans from the civic body, no case of their sealing was made out.

The Master Plan protected only sub-division of the plots, Ms. Justice Sharma said.

The local body had started demolition of or sealing the premises on an order by the High Court on a report by the Court-appointed Commissioner of Karol Bagh Zone of MCD.

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