The Hindu : Front Page : No construction beyond second floor in Delhi: Supreme Court

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Tuesday, May 08, 2007
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No construction beyond second floor in Delhi: Supreme Court

NEW DELHI: The Supreme Court on Monday directed that the Municipal Corporation of Delhi would not grant permission for construction beyond second floor in the residential areas of the Capital.

``No such permission shall be granted hereinafter,'' said a Bench headed by Justice Arijit Pasayat in an interim order when it was brought to its notice that the MCD was granting permission for construction of an additional floor - that is, third floor.

Senior advocate Ranjit Kumar, who is assisting the Court as amicus curiae in the matter, told the Bench that the MCD was permitting the construction as the Master Plan for Delhi-2021 has such a provision. However, he added, such permission was in breach of the Court order and further no extra construction could be allowed without enhancing the infrastructure.

The Bench, also comprising Justices C. K. Thakker and D. K. Jain, directed that sealing operation be carried out in the NDMC areas in terms of the Court orders.

It passed the order after considering the Court-appointed Monitoring Committee's report that said that there was some confusion over the orders for sealing in the NDMC area. The Bench cleared the way for the Monitoring Committee to go ahead with the sealing in areas where there was some ambiguity by asking the officials of the MCD and the DDA to be present during the drive.

The Monitoring Committee in its report had said there was confusion as unauthorised activities were carried out on public land earmarked for public utility and there was a difference of perception about action to remove such ambiguity.

Mr. Kumar submitted that the authorities should not be permitted to notify more roads for commercial activities unless a proper survey was made and detailed report was brought before the Court. The Master Plan has envisaged bringing around 700 more roads in addition to 2,183 roads on which commercial activities are allowed.

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