CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS 7114-15 OF 2003
Municipal Corporation of Delhi, Delhi ... Appellant
Vs.
Association of Victims of Uphaar Tragedy ... Delhi High Court in the Uphaar Cinema tragedy. CA
No.7114-15/2003 is by the Municipal Corporation of Delhi (for short `MCD
could not be assumed that the
building was in violation of the sanctioned building plans or was to be
used for commercial purposes. Attention ... drawn to Section 310 of the
Karnataka Municipal Corporations Act, 1976[2] which provided that a
building cannot be occupied or permitted to be occupied
premises in favour of respondent No.1, Municipal
Corporation of Delhi [for short "MCD"] and parted with
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possession in favour ... determination of the
appeal by the Municipal Corporation of Delhi."
Thereafter MCD, moved CM 4639/2007 with the
prayer that the appeal
secured sanction of the plan for
construction from the Municipal Corporation of Delhi [for short 'MCD') but
made several unauthorized deviations ... landowner that it will construct the building
within 12 months from the date of sanction of building plan and deliver the
owner's share
costs.
Sd/- .......CJI
New Delhi, Sd/- February 6, 1997 ......,J."
Mahapalika also cancelled the building plans. This
action of the Mahapalika was subject matter ... action may be taken."
The letter revoking the sanctioned building plans is
dated April 17, 1997 and is as under
Bedi, Architect, to deal,
discuss, explain and make corrections in the building plan as well as
to collect the sanction plan on his behalf ... from
the Licensing Department as also from the Municipal Corporation of
Delhi (in short, “MCD”) prior to the installation of the said
transformer
escape/access for the proposed
building with suitable legend and standard signs.
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Clause 3 of the Building Plans contained a provision for Fire Safety ... submitted before the Municipal Corporation, within a period of
90 days‘ from the issuance of the sanctioned Building Plans.
18.6 Clause
Municipality had banned further construction
activities. Furthermore, the Arbitrators proceeded also on
a wrong premise that Sumangal failed to obtain sanction of
Building Plans from ... municipal
authorities. In any event Sumangal in terms of the contract being liable
for obtaining sanction of the building plans, must be held to have
Housing Construction (P) Ltd. vs Delhi Municipal Corpn. And Ors. on 4 December, 1975
Equivalent citations: AIR1976SC386, (1976)3SCC160, AIR 1976 SUPREME COURT ... Delhi (Control' of Building Operations) Act 53 of 1955 and the Regulations framed under Section 19 of the Delhi (Control of Building Operations) Ordinance
Delhi Development Act
and hence having a statutory effect. Efforts were repeated
for the sanction of the building plans but as is borne out
from ... children in the Union Territory of Delhi shall be
filed with the Secretary (L & B) Delhi Administration,
Delhi."
Here itself, we may state
