The Hindu : New Delhi News : Relief for flat owners

Online edition of India's National Newspaper
Friday, Apr 28, 2006

New Delhi

New Delhi

Relief for flat owners

Staff Reporter

Allowed to demolish illegal portions of their flats

NEW DELHI: In a first-of-its-kind relief since the Municipal Corporation of Delhi began demolishing unauthorised constructions in the Capital, the Delhi High Court on Thursday directed the civic body to suspend demolitions at a residential apartment and allow its owners to demolish unauthorised portions of their flats on their own within two weeks at East Patel Nagar in West Delhi.

A Division Bench of the Court comprising Justice Vijender Jain and Justice Rekha Sharma granted the relief on a petition by one of the apartments owners who submitted that if the local body continued with the demolitions, the foundation of the building would be affected.

The petitioner, Shikha Mahajan, a doctor by profession, submitted that she should be allowed sufficient time to demolish the unauthorised portions on her own as she had put her hard-earned money in the property believing the builder that the building was legal.

However, the Court dismissed her plea saying that being an educated person, she should have checked up with the civic body about the status of the building.

The Bench directed the flats owners to demolish the unauthorised portions of their apartments on their own within two weeks and submit a compliance report to the Court Commissioner of Central Zone of the civic body, failing which the Corporation would demolish unauthorised portions of the flats.

The petitioner had asked for three weeks to demolish her unauthorised portions, but the Bench dismissed it saying that if they allowed her plea, the Court would be flooded with such petitions.

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