Delhi High Court - Orders
Dr. Zameerudin Qureshi vs East Delhi Municipal Corp. & Anr on 5 February, 2019
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM Nos. 27083/2017, 6181/2018, 10067/2018 & 16905/2018 in
W.P.(C) No. 1902/2015
DR. ZAMEERUDIN QURESHI ..... Petitioner
Through: Mr. Rajat Aneja and Ms. Chandrika
Gupta, Advs.
versus
EAST DELHI MUNICIPAL CORP. & ANR ..... Respondents
Through: Mr. Pravesh Thakur, Adv. for R-1.
Mr. Samrat Nigam, Mr. Md. Qamar,
and Ms. Ramya Kutty, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 05.02.2019 Mr. Samrat Nigam, learned counsel appearing for respondent No.2 states that the essential basis of the petition was non-compliance by respondent No.2 with provisions of circular dated 26.12.2011, which mandates that construction of a basement would require leaving a two metre space from the adjoining property, if the area of the basement is not to be counted towards the FAR. He submits however, that by a recent circular dated 03.12.2018, the earlier circular dated 26.12.2011 has been withdrawn, meaning thereby that the requirement of leaving a two metre space is no longer necessary. Mr. Nigam wishes to place circular dated 03.12.2018 on record under an affidavit, also setting-out his submissions.
Mr. Parvesh Thakur, learned counsel appearing for respondent No.1/ EDMC states that circular dated 03.12.2018, although issued by SDMC is applicable to all three municipal corporations as is specifically stated in the circular itself ; and that the said circular would apply equally to the case of respondent No. 2, subject to respondent No. 2 submitting a fresh application for regularization of his basement, which would be considered by respondent No.1 in accordance with its rules and regulations.
Mr. Rajat Aneja, learned counsel appearing for the petitioner however disputes that this petition rests solely on the applicability of earlier circular dated 26.12.2011; but reserves liberty to file a response to the affidavit to be filed by respondent No.2.
In the circumstances, let an additional affidavit be filed by respondent No. 2 bringing on record circular dated 03.12.2018 along with submissions thereupon within four weeks; reply to such additional affidavit be filed by the petitioner within three weeks of receiving the affidavit.
Re-list on 17.05.2019.
ANUP JAIRAM BHAMBHANI, J.
FEBRUARY 05, 2019 sr