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3. The neighbor Mr. Ravi Kant Sharma (intervener here in) a resident of 1-C/45, Mall Road filed an appeal before this Tribunal seeking revocation of this sanctioned building plan vide appeal no. 702/23 and also preferred a Writ Petition No. 5520/24 before the Hon'ble High Court. The respondent MCD issued a show cause notice dated 14.03.2024 under Section 338 of the DMC Act to the appellant which was replied on 29.04.2024 and thereafter, the respondent revoked the sanctioned building plan vide impugned order dated 29.05.2024.

7. Ld. counsel for the respondent MCD on the other hand argued that sub- division of a plot is not permitted. The entire plot which has been sub-divided should have common entrance and exit and cannot have separate entry for each sub-divided plot. The load of the property constructed by the appellant is resting on the common wall between 1-C and 1-D which is not permissible. Single entity of the plot is required to be maintained. The appellant kept on raising the unauthorized construction despite show cause notice issued under section 338 of DMC Act and completed the construction illegally and now cannot be permitted to legalize the unauthorized construction by way of getting it regularized. Sub-division of plot without being incorporated in the layout plan cannot be recognized and therefore, the sanction was revoked on account of misrepresentation of facts which cannot be regularized and therefore, the appeal have no merits and should be dismissed.