HC stays demolition of 2nd floor flat in P Nagar

New Delhi, June 27 (UNI) The Delhi High Court today stayed the demolition and sealing of a second floor flat of a building in East Patel Nagar here as it was not mandatory for the owner to obtain the Sanction Plan for his co-flat owners.

Vacation judge H R Malhotra allowed the applicant Vijay Agarwal to stay at the flat to deposit the requisite conversion charges and the regularisation charges without his co-flat owner's permission.

The Court ruled, "I find it a fit case of Injunction. It is correct that the Owner of the second floor should not be dependent on other co-owners for regularisation. Staying the proceedings of demolition and sealing, the court directed MCD to contest their stand on the hearing on July 10.

Vijay Agarwal, a lawyer by profession had paid Rs 56,156. As regularisation cum deviation charges to MCD on November 22,2004.

Though the fees paid by him was as agreed by the MCD officials, they refused to sanction his flat saying that the signatures of his Co-flat owners were required.

Harish Malhotra, Lawyer for the petitioner, contended that as he was an independant identity in the building and his flat was independently registered with the Sub-registrar office, his flat should be regularised after paying the requisite charges and should in no way depend on the sanction of his co-flat owners.

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