Delhi High Court - Orders
Bhasin Motors vs New Delhi Municipal Council on 2 August, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3688/2022 and CM APPL. 10943/2022
BHASIN MOTORS ..... Petitioner
Through: Mr. Ravi Sikri, Sr. Advocate with
Mr. Ravinder Singh, Ms. Raveesha Gupta,
Ms. Akshita Raina and Mr. Ankit Jaglan,
Advocates with Mr. SS Bhasin, Partner
versus
NEW DELHI MUNICIPAL COUNCIL ..... Respondent
Through: Mr. Karan Sharma, ASC for NDMC
with Mr. Mohit S., Advocate with AE Pramod
Sharma
Mr. Yagyawalkya Singh, ASC
Mr. Bibhuti Bhushan Mishra, Ms. Pragya Dubey,
Mr. Kamlesh Kumar Mishra and Mr. Aditya,
Advocates for respondent No.2
Mr. Febin M. Varghese, Advocate for HCC
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 02.08.2022
1. By way of the present petition filed under Articles 226/227 of the Constitution of India, the petitioner has sought setting aside of the order dated 28.02.2022 passed by the Director (E-BR), NDMC in respect of property bearing No.P6/30, Ground Floor (Back Side), Connaught Place, New Delhi (hereinafter, referred to as the 'subject premises'), whereby noting the unauthorized repair/renovation work, the subject premises were directed to be sealed.
Signature Not Verified Digitally Signed By:SANGEETA ANAND2. On the last date of hearing, it was directed that the petitioner's proposal/application seeking de-sealing be forwarded to the HCC. This Court had requested the Secretary, HCC to convene a meeting within 7 days from the date of the order to consider the petitioner's proposal/application.
3. Today, it is informed that the HCC has convened a meeting and considered the petitioner's proposal/application, whereafter the same has been approved with certain observations vide communication dated 26.07.2022. Relevant extract from the said communication is reproduced hereunder:-
"1. The proposal forwarded by the NDMC electronically was scrutinized. It includes the work in terms of plastering, POP, patch work, flooring/ re-flooring, temporary false ceiling, painting/white washing, furniture and fixtures, internal temporary partitions (Gypsum/ glass/ wooden), temporary panelling work, existing wall panelling to be repaired, dismantling/removal of stairs, dismantling/ removal of the temporary partition wall, proposed temporary partition wall and proposed temporary door.
2. It was brought to the notice of the Heritage Conservation Committee (HCC) that the Hon'ble Delhi High Court in the matter of Bhasin motors versus New Delhi Municipal Council (NDMC) W.P.(C) 3688 of 2022 dated July 19, 2022, has requested the following:
" ......... Secretary, HCC to convene a meeting within seven days from today to consider the petitioner's proposal/application. In case there is any deficiency in the proposal forwarded by Respondent/ NDMC, the same shall be communicated to Respondent/ NDMC as well as the petitioner .... "
3. The HCC also took note that while forwarding the proposal for its consideration, the concerned local body i.e., NDMC has not provided any detailed comments. It was also observed that the brief report has indicated the following:
" ...... there is a proposal to carry out repair and renovation works Signature Not Verified Digitally Signed By:SANGEETA ANAND at ground floor as shown in the plans under B.BL 2.0.1(d) ..... "
However, in terms of the decision taken in a meeting held between the Chief Architect, NDMC and the Member-Secretary under the Chairmanship of Chairman HCC on March 16, 2022, it was decided that:
" ... .. provisions, as stipulated under clause 7.26 & Annexure-II of UBBL, are applicable to the heritage areas/ properties ...... "
Taking into consideration the decision as indicated above, and in the interest of work, the Committee decided to consider the proposal under clause 7.26 & Annexure-II of UBBL 2016.
4. The Committee also examined the scanned copy of the original plan (bearing approval stamp from NDMC dated 14.07.1984) received along with drawings/ documents etc. and observed that the staircase covered under the item for 'dismantling/removal of stairs' is not shown in the original drawings of the superstructure approved by the NDMC in the year 1984.
5. Taking into consideration all the aspects indicated above including the original sanction of the superstructure the proposal for repair / renovation is found acceptable, the following observations were made:
a) Before approving repair/renovation, the concerned local body i.e., NDMC must examine carefully the original status of the staircase and ensure its removal may not cause inconvenience to the user-occupied floors above.
b) No changes/projections are permitted on the external side/facade, which should be retained as per the original design.
c) The structural safety of the building should be ensured (including the roof). Heritage Character comprising architectural elements such as arches, cornices, quoins, gables, architraves, Signature Not Verified Digitally Signed By:SANGEETA ANAND Palladian-style windows etc., should be retained in the modifications.
d) It was suggested to use the energy-saving fittings and fixtures for all electrical appliances and sanitary fittings.
e) NDMC shall ensure that the placement, size, colour, text etc. of the signages/ signboards etc. be as per approved policy/ guidelines prepared by NDMC for the Connaught place area."
4. Learned Senior Counsel for the petitioner prays that as no violations have been noticed, the subject premises may be de-sealed. He submits that insofar as staircase mentioned in para 5(a) of communication dated 26.07.2022 is concerned, the same is old construction and the relevant documents in this regard will be forwarded to the respondent.
5. Learned Senior Counsel, on instructions, from Mr. Satinder Bhasin who is present in Court, further submits that the petitioner undertakes not to carry out any construction, repair, renovation or addition/alteration unless in accordance with law and in this regard has referred to the order dated 03.03.2022, wherein similar undertaking was given.
6. Learned ASC for the respondent/NDMC submits that the requisite steps in terms of the aforesaid communication dated 26.07.2022 would be taken.
7. In view of the aforesaid undertaking given by the petitioner which is accepted and taken on the record, as well as the communication dated 26.07.2022 issued by the HCC whereby the petitioner's proposal/application was accepted, the present petition is disposed of, alongwith the pending application with a direction that the respondent/NDMC shall de-seal the subject premises and ensure that the observations mentioned in the aforesaid communication/letter are strictly adhered to by the petitioner.
Signature Not Verified Digitally Signed By:SANGEETA ANAND8. The parties shall act on the uploaded copy of the order.
MANOJ KUMAR OHRI, J AUGUST 2, 2022 na Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND