HC directs desealing of third floors in residential areas

Wednesday 26 March, 2008. HC directs desealing of third floors in residential areas The Delhi High Court has directed the MCD to deseal third floors in residential properties which had faced action due to earlier orders. The decision comes on Tuesday in view of a Supreme Court move to allow property owners in New Delhi to construct third floor, subject to the final outcome of a plea pending before it. The Court had earlier directed the civic agencies to seal and demolish illegal constructions on and above the third floor in residential areas. A Bench comprising Justices A K Sikri and Rekha Sharma directed the property owners to approach the civic body within two weeks for desealing their premises after fulfillment of conditions imposed by the apex court. Appearing for the civic body, senior lawyer and former Union Minister Ravi Shankar Prasad assured the Bench that it would consider all such applications and would deseal premises if they comply with the conditions laid down by the apex court. The Supreme Court on 14th March, in an interim order had allowed construction of a third floor in residential colonies in the capital subject to an undertaking by the property owners to abide by its final decision on the validity of the Master Plan for Delhi (MPD) 2021. The apex court said neither the owner nor the person to whom the property would be sold or transferred could claim equity, if the verdict goes against them. It had permitted the construction in terms of the MPD 2021 but it had reduced the number of dwelling units allowed in each plot, depending upon its size.

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