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1992 DIGILAW 995 (SC)

Syed Muzaffar Ali v. Municipal Corporation Of Delhi

1992-11-30

A.S.ANAND, M.N.VENKATACHALIAH

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(1) WE have heard learned counsel on both sides. (2) IT is urged on behalf of the petitioners that the structural changes brought about by the petitioners in respect of the building do not amount to construction and that, at all events, no notice had been served on them before the impugned orders were made. (3) WE reject both the contentions. There is no justification to hold that service was not effected. As to the nature and extent of structural changes, the tribunal relied upon the report of Sri V. P. Gupta, Assistant Engineer-cum- Commissioner to reach the finding that the structural changes brought about, having regard to their nature and extent, did constitute constructions unauthorisedly made. We, therefore, find no merit in the special leave petitions which are accordingly dismissed. (4) HOWEVER, it is to be pointed out that the mere departure from the authorised plan or putting up a construction without sanction does not ipso facto and without more necessarily and inevitably justify demolition of the structure. There are cases and cases of such unauthorised constructions. Some are amenable to compounding and some may not be. There may be cases off grave and serious breaches of the licensing provisions or building regulations that may call for the extreme step of demolition. (5) THESE are matters for the authorities to consider at the appropriate time having regard to nature of the transgressions. It is open to the petitioners to move the authorities for such relief as may be available to them at law. The petitioners may, if so advised, file a plan indicating the nature and extent of the unauthorised constructions carried out and seek regularisation, if such regularisation is permissible. The dismissal of the petitions will not stand in the way of the authorities examining and granting such relief as the petitioners may be entitled to under law. The petitioners may move the authorities in this behalf within one week for such compounding or regularisation and also for stay of demolition pending consideration of their prayer. During the period of one week from today, however, no demolition shall be made. (6) THE special leave petitions are accordingly dismissed.