Delhi High Court - Orders
M/S Mehra Jewel Palace Pvt Ltd vs Ndmc & Anr on 28 January, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12/2021 & CM APPL.36/2021
M/S MEHRA JEWEL PALACE PVT LTD ..... Petitioner
Through: Mr. Kirti Uppal, Senior Advocate
with Ms. Astha Dhawan, Ms. Diksha
Mathur and Ms. Riya Gulati,
Advocates.
versus
NDMC & ANR. ..... Respondents
Through: Mr. Jagdeep Sharma and Mr. Sankalp
Bhatt, Advocates for NDMC.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 28.01.2021 CM APPL.3018/2021
1. By this application, petitioner seeks a direction to the respondent NDMC to forward the application and the documents submitted by the petitioner to the Heritage Conservation Committee for its recommendation.
2. Learned senior counsel for the petitioner submits that said application has been filed without prejudice to the contention that no permission of NDMC was necessary as there is a deemed sanction and further because the petitioner is not carrying out any structural additions and alterations but is only carrying out repair and renovation work to the premises, which has recently been got vacated from a Signature Not Verified Digitally Signed By:KUNAL MAGGU W.P(C) 12/2021 Page 1 Signing Date:28.01.2021 17:24:42 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
tenant, in terms of clause 2.0.1(d) of the Unified Building Bye-laws.
3. Issue notice. Notice is accepted by learned counsel for the respondents.
4. Learned counsel for the respondents submits that the petitioner has not uploaded complete documents as were required by the respondents.
5. Learned senior counsel for the petitioner disputes the same and submits that all the requisite documents have been duly furnished in the prescribed format.
6. Without prejudice to the above contention, let respondents forward the application of the petitioner as it is, along with the documents submitted, to the HCC for its consideration.
7. In case there is any deficiency and any further requirement from the Petitioner, HCC shall communicate the deficiency and submit a report to the Court.
8. If there is no deficiency and the application and the documents are complete, HCC shall proceed further to consider the same in accordance with law.
9. Learned counsel for respondents assures that the application along with its enclosures shall be forwarded to the HCC within three working days. The statement is taken on record.
10. The HCC on receipt of the application shall proceed further and Signature Not Verified Digitally Signed By:KUNAL MAGGU W.P(C) 12/2021 Page 2 Signing Date:28.01.2021 17:24:42 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
submit a report within 15 days as mandated by Clause 2.3.3(b) of the Unified Building Bye-laws.
11. List for directions on on 18.02.2021.
12. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
SANJEEV SACHDEVA, J
JANUARY 28, 2021
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU W.P(C) 12/2021 Page 3
Signing Date:28.01.2021 17:24:42
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.