New Delhi, Aug 28 (UNI) The Supreme Court today ruled that only the office of the Prime Minister can grant relaxation regarding the guidelines governing constructions in Lutyen's Zone of the NDMC area.
A bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and J M Panchal set aside the Delhi High Court judgement, dated May 19, 2004, directing the NDMC to sanction a plan for the construction of 15 flats on a plot of 5,000 sq yards situated on Amrita Shergill Marg at Prithviraj Road, New Delhi. The sanction would have been in violation of the guidelines dated February 8, 1988.
The apex court, in its judgement said, ''This court is of the firm opinion that only the PMO can relax guidelines, dated February 8, 1988, for construction on a case-to-case basis. The High Court should not issue directions to the NDMC to act against the guidelines as well as the provisions of the Delhi Development Act.'' The petitioner in the High Court, Tanvi Trading and Credit Private Limited had challenged the order of the NDMC, denying them permission to carry out constructions. The NDMC had rejected the building plan submitted by the company.
The apex court directed that the respondent shall submit fresh construction plans, in accordance with the building laws and guidelines and the NDMC shall take a decision within two months from the date of submission of the new plan.
UNI SC SBC RK1815