New Delhi, Apr 1 (UNI) The Delhi High Court today pronounced a split verdict in the matter of de-sealing of the 80 units situated at the Rama Road industrial area(west Delhi), which were sealed by the MCD as no prior permission was taken to subdivide these plots.
A bench comprising Justices A K Sikri and Rekha Sharma pronounced the split verdict. The matter will be now referred to a third judge.
Justice A K Sikri on one hand has directed the MCD to de-seal the units by levelling certain conditions on the petitioners. ''I am of the view that once it is accepted in the master plan, as per clause 7.6.1, the sub divisions are allowed to continue till the time policy guidelines are framed by the DDA for which it has granted two years,''Justice Sikri said.
As per the apex court's orders, no action can be taken in respect of the properties which conform to the master plan 2021(MPD 2021), Justice Sikri added.
Justice Rekha Sharma on other hand said though the clause 7.6.1 of master plan 2021 protect the act of subdivision of plots, but it affords no protection to those who raised constructions without having prior sanction from the MCD.
However, if in any given case it is found that the building or construction is raised on a sub-divided plot or any part thereof in term of Municipal and bye laws and yet been sealed the same may be allowed to be de-sealed, Justice Sharma said.
She said the plots were divided and subdivided by the owners on a large scale without any approval of the building by laws as well as without prior sanction of sub division from the appropriate authorities.
The report of Pushkar Sood, Court commissioner of Karol Bagh area, revealed illegal sub divisions and unauthorised constructions at the Rama Road.
The MPD 2021 has recommended the DDA to frame guidelines within two years for redevelopement of existing plots and sub divisions in consultation with GNCTD and local bodies. The Master plan suggests that till the time DDA frames its guidelines, existing subdivisions may continue.
UNI SNG AE KP2015