Won’t interfere with DDA’s lift policy, says HC

The Delhi High Court has refused to interfere with the Delhi Development Authority’s (DDA) new lift policy that does not require people to approach the agency for a No-Objection Certificate (NOC) to install a lift. The court observed that lifts were technological tools that allowed residents of multi-storeyed buildings, including the aged and sick, to use their flats to the fullest.

New policy

According to the new policy, which came into effect last year, allottees of DDA flats in denotified areas no longer need to approach the civic agency for permission to install lifts. Instead, people can seek approval from local bodies.

‘DDA can’t frame policy’

The court was hearing a petition that challenged the new policy. The petitioners had contended that the DDA had no authority to frame such a policy as lifts are not among the amenities mentioned in the DDA Act.

“The lift is a technological tool which permits all residents of a multi-storey building, in particular, the aged and sick to enjoy and use their residences to the fullest extent. Since the impugned lift policy seeks to achieve this objective, this Court does not deem it appropriate to interfere with the said policy,” said Justice Manmohan.

Further, delinking unauthorised constructions while processing NOCs [for lifts], the DDA’s policy grants in-principle approval to flat owners in denotified areas.

Justice Manmohan said, “This court is also of the view that the issue of unauthorised construction had to be delinked under the impugned lift policy, as at the moment, the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011, is in force, by virtue of which unauthorised construction prior to 1st June, 2014, is protected unless and until Section 4 of the said Act is applicable”.

“The unauthorised construction has not been condoned, it has only been delinked for installation of a lift. Unauthorised construction by one flat owner cannot be a ground to deny the facility to other law abiding occupants,” said the court.

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Printable version | Jan 22, 2022 6:58:59 PM |

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