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Municipal Corporation Of Delhi vs M/S Holistic Farms Pvt. Ltd. on 5 May, 2010

Delhi High Court
Municipal Corporation Of Delhi vs M/S Holistic Farms Pvt. Ltd. on 5 May, 2010
Author: Madan B. Lokur
*          HIGH COURT OF DELHI : NEW DELHI


+          LPA No. 268/2003


                                 Judgment reserved on: April 16, 2010

%                                Judgment delivered on: May 05, 2010


Municipal Corporation of Delhi
Through its Commissioner
Town Hall
Chandni Chowk
Delhi.                                           ...Appellant
                    Through Ms. Madhu Tewatia with Ms. Sidhi
                               Arora, Advocates.

                      Versus

M/s Holistic Farms Pvt. Ltd.
4, Pamposh Enclave,
New Delhi - 110 048.                                 ...Respondent

Through Mr. Nageshwar Pandey with Mr. Anup
Kumar Sinha, Advocates.

Coram:

HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MS. JUSTICE MUKTA GUPTA

1. Whether the Reporters of local papers may
be allowed to see the judgment? Yes

2. To be referred to Reporter or not? Yes

3. Whether the judgment should be reported Yes
in the Digest?

LPA No. 268/2003 Page 1 of 23
MADAN B. LOKUR, ACJ

The Municipal Corporation of Delhi (the Corporation) is

aggrieved by an order dated 23rd October, 2002 passed by a learned

Single Judge in WP (C) No. 7697/2000. According to the Corporation,

the learned Single Judge erred in directing release of the building plans

of the Respondent even though they were not in conformity with the

building bye-laws. We agree with the Corporation that the building

plans were sanctioned conditionally and the crucial date when the

building plans were considered, the building bye-laws relied upon were

not operative. Therefore, the Corporation had no option but to reject the

building plans submitted by the Respondent.

2. At the outset, we may state that the view canvassed by the

Corporation in the writ petition before the learned Single Judge is quite

different from the view placed before the learned Single Judge in the

review petition and also before us. We have proceeded on the basis of

the view canvassed before the learned Single Judge in the review

petition and also before us.

LPA No. 268/2003 Page 2 of 23
The facts:

3. The Respondent is the owner of a plot measuring 1.029

hectares in village Rajokari, Tehsil Vasant Vihar, New Delhi. The

building bye-laws applicable to the area were published by a notification

dated 23rd June, 1983. The Master Plan for Delhi was later amended by

a notification dated 23rd July, 1998 by virtue of which the maximum

coverage and height of dwelling units for farm houses such as that of the

Respondent was increased. However, and this is important, the building

bye-laws were not correspondingly changed or modified in respect of

farm houses, which is what we are concerned with. Learned counsel for

the Corporation submitted, in the alternative, that the legal position

remains the same even if the building bye-laws were modified or

deemed to have been modified.

4. In order to take advantage of the increase offered, the

Respondent submitted an application to the Corporation on or about 17th

April, 2000 for constructing a dwelling unit on its plot as per the norms

laid down in the Master Plan for Delhi (as amended on 23rd July, 1998).

The application contained all the requisite information and documents

and was duly processed by the Corporation. According to the

LPA No. 268/2003 Page 3 of 23
Respondent, the site was inspected, the title of the Respondent was

verified and thereafter the building plans were sanctioned on 23 rd May,

2000. The sanction required the Respondent to obtain a No Objection

Certificate from the Land Acquisition Department and deposit the levy

on account of a change in the floor area ratio.

5. It will be noticed from the above that the “sanction” of the

building plans on 23rd May, 2000 was conditional on the Respondent

obtaining a No Objection Certificate as well as depositing the necessary

charges.

6. A No Objection Certificate was applied for by the Respondent

and it was issued by the Additional District Magistrate (Land

Acquisition) on 19th June, 2000 and on the same day the Respondent

says that he deposited the levy.

The notifications and cause of action:

7. On 7th June, 2000 the Ministry of Urban Development of the

Government of India published two notifications being S.O. 557(E) and

S.O. 558(E). These notifications were issued before the No Objection

LPA No. 268/2003 Page 4 of 23
Certificate was obtained by the Respondent on 19 th June, 2000 but after

the conditional sanction of building plans on 23 rd May, 2000.

8. In the first notification being S.O. 557(E) dated 7th June, 2000

the Ministry of Urban Development (Delhi Division) stated that the

building bye-laws stand modified to the extent mentioned in paragraphs

1 to 3 of the annexure to the notification dated 23 rd July, 1998. What we

are concerned with is paragraph 4 of the annexure to the notification

dated 23rd July, 1998. This paragraph concerns itself with the size,

ground coverage, floor area ratio, height etc. of a farm house.

Significantly, the building bye-laws were not modified to incorporate

paragraph 4 of the annexure to the notification dated 23 rd July, 1998.

The Corporation has placed heavy reliance on this fact. We are not

reproducing the contents of the notification dated 23 rd July, 1998 or

paragraph 4 of the annexure thereto, since their relevance is limited only

to the extent mentioned above.

9. The notification S.O. 557(E) notified all concerned that the

building plans to be sanctioned in accordance with the amended

building bye-laws (as amended by paragraphs 1 to 3 of the annexure to

LPA No. 268/2003 Page 5 of 23
the notification dated 23rd July, 1998) would be subject to the provisions

of the layout plans / service plans already sanctioned, and no such

layout / service plans would be amended till arrangements for the

provision of augmented municipal services such as water, power,

sewerage etc have been made. It is important to note that there is no

mention of the sanction of building plans in terms of paragraph 4 of the

annexure to the notification dated 23 rd July, 1998 simply because the

building bye-laws were not modified to incorporate the changes brought

about by the said paragraph 4. This notification S.O. 557(E) dated 7th

June, 2000 reads as follows:

“S.O. 557 (E) – In exercise of the powers
conferred by Section 349A of the Delhi Municipal
Corporation Act, 1957 and Section 260 of the New
Delhi Municipal Council Act, 1994, the Unified
Building Bye-Laws, 1983 stand modified to the
extent as indicated in paras 1 to 3 of the
Annexure to this Ministry’s Notification of even
number dated 23rd July, 1998 as required under
Section 483 of the DMC Act and Section 388 of
the NDMC Act. The building plans to be
sanctioned in accordance with the amended bye-
laws would be subject to provisions of the layout
plans and service plans already sanctioned, and no
such layout/service plans would be amended till
arrangements for provision of augmented
municipal services such as water, power,
sewerage, road widening, circulation, parking,
parks (green areas), etc. have been made. No plot-
housing can be converted into group-housing.”

LPA No. 268/2003 Page 6 of 23

(emphasis given)

10. By the second notification [S.O. 558(E) dated 7th June, 2000], a

modification was proposed to the Master Plan for Delhi to the effect that

the planning/development control norms for farm houses would revert to

those existing prior to the notification dated 23 rd July, 1998. Objections

were invited to the proposed modification, and the deletion of paragraph

4 of the notification dated 23rd July, 1998 from the Master Plan for

Delhi. The notification S.O. 558(E) dated 7th June, 2000 reads as

follows:

“S.O.558(E) – The following amendments /
modifications which the Central Government
propose to make in the Master Plan for Delhi 2001
are hereby published for public information. Any
person having any objection or suggestion may
send the same in writing to the Under Secretary,
Delhi Division, Ministry of Urban Development,
Nirman Bhawan, New Delhi 110 011, within a
period of 30 days from the date of this Notice.
The person making the objection or suggestion
should also give his name and address.

Modification:

The Planning / Development Control norms for
Farm Houses will be the same as existing prior to
the Notification dated July 23, 1998. Para 4 of the
said Notification dated 23.7.1998 would stand
deleted.”

LPA No. 268/2003 Page 7 of 23

11. Immediately on the issuance of the above notifications, on 8th

June, 2000 the Ministry of Urban Affairs & Employment informed all

concerned, including the Commissioner of the Corporation, that as

required by Section 483 of the Delhi Municipal Corporation Act, 1957,

the Unified Building Bye-laws of 1983 stand modified to the extent as

indicated. It was clarified that the planning / development control

norms for farm houses in terms of the notification dated 23 rd July, 1998

stand suspended with effect from 7th June, 2000. In other words, the

position as obtaining prior to 23rd July, 1998 would alone be operative

and therefore any building plans submitted for examination and

approval should be considered only in the light of the pre-23rd July,

1998 norms. The communication dated 8th June, 2000 reads as follows:

“MOST IMMEDIATE

No. K-12016/5/79-DDIA/VA/IB
Government of India
Ministry of Urban Affairs & Employment
(Department of Urban Development)

Nirman Bhavan, New Delhi
Dated: 8th June, 2000

1. The Chief Secretary, Govt. of NCT of Delhi.

2. The Vice-Chairman, DDA.

3. The Chairperson, NDMC.

4. The Commissioner, MCD.

5. The Land & Development Officer, Land &

LPA No. 268/2003 Page 8 of 23
Development Office.

           Subject: -      Modification in the Unified
                           Building Bye-laws, 1983.

           Sir,

                I am directed to state that the Unified

Building Bye-laws, 1983 stand modified to the
extent as indicated in this Ministry’s Notification
of even No. dated 07.06.2000 as required under
Section 483 of the DMC Act, 1957 and Section
388 of the NDMC Act, 1994 (copy enclosed).

2. It may be noted that para 4 of the
Annexure of this Ministry’s Notification dated
23.7.98 which pertains to the planning /
development control norms for Farm Houses
stands suspended with effect from 07.06.2000.
The position as obtaining before the notification
of 23rd July, 1998 will alone be operative. Any
building plans submitted before the local body
for examination and approval will be
considered in the light of the pre-23.7.98 norms.
You are also requested to ensure that a complete
list of farm houses along with the area sanctioned
and area constructed is sent to the Ministry
urgently.

3. The DDA and the local bodies are, therefore,
requested to take further action in the matter
accordingly.

Yours faithfully,

Sd/-

(V.K. Mishra)
Under Secretary to the Govt. of India

Encl: As above.” (emphasis supplied)

LPA No. 268/2003 Page 9 of 23

12. Effectively, therefore, the position on the ground was that:

 Though the Master Plan for Delhi was amended by the
notification dated 23rd July, 1998 there was no corresponding
amendment in the building bye-laws with regard to farm houses.

 Alternatively, even if the building bye-laws were correspondingly
amended, their amendment stood “suspended” by the notifications
dated 7th June, 2000 read with the letter dated 8 th June, 2000
issued by the Ministry of Urban Affairs and Employment.

 On the basis of the notification dated 23rd July, 1998 the
Respondent applied for sanction of building plans (well before 7th
June, 2000) with an increased coverage and height for a farm
house.

 The Respondent was granted a conditional sanction for its
building plans on 23rd May, 2000 in terms of the notification
dated 23rd July, 1998 [though not in terms of the building bye-
laws which were either not correspondingly amended or were
suspended in respect of farm houses].

 Before the Respondent could fulfill the conditions laid down on
23rd May, 2000 the notifications dated 7th June, 2000 were issued.
Effectively, therefore, the building plans of the Respondent could
not be processed except in accordance with the pre 23 rd July, 1998
building bye-laws.

13. As noted above, it is after these developments that on 19th June,

2000 a No Objection Certificate was issued to the Respondent by the

Additional District Magistrate (Land Acquisition) and the charges

deposited by the Respondent. According to the Respondent the No

Objection Certificate relates back to the sanction dated 23 rd May, 2000

LPA No. 268/2003 Page 10 of 23
while according to the Corporation, the No Objection Certificate is

meaningless, since the conditional sanction was null and void or

inoperative since the corresponding building bye-laws for farm houses

were either not amended or if they were amended, then they stood

suspended in view of the two notifications dated 7th June, 2000.

14. On 3rd July, 2000 the Respondent was asked to submit fresh

building plans in terms of the two notifications dated 7th June, 2000 read

with the letter dated 8th June, 2000 issued by the Ministry of Urban

Affairs and Employment. A reminder was sent to the Respondent on

18th October, 2000 to the same effect. In the meanwhile, on 7 th August,

2000 the Ministry of Urban Affairs and Employment notified the

amendments to Master Plan for Delhi as proposed on 7th June, 2000

after considering all the objections received.

15. Aggrieved by these events, including the requirement of

submitting fresh building plans, the Respondent filed a writ petition in

this Court which was allowed by the learned Single Judge. It was held

that the building plans of the Respondent were sanctioned on 23 rd May,

2000 but they were unreasonably not released and so the Respondent

LPA No. 268/2003 Page 11 of 23
was entitled to construct his dwelling unit in accordance with those

plans.

16. The view canvassed by the Corporation before the learned

Single Judge was that in view of the notification dated 7 th August, 2000

reverting the Master Plan for Delhi to the pre-23rd July, 1998 position,

the application of the Respondent for sanction of building plans stood

rejected. The learned Single Judge was of the opinion that since the

building plans were sanctioned on 23rd May, 2000 and all the conditions

were met by the Respondent on 19th June, 2000 there was no reason for

the Corporation to withhold release of the building plans more

particularly since the notification dated 7 th August, 2000 issued by the

Ministry of Urban Affairs and Employment came much after the

conditions were met by the Respondent for sanction of the building

plans.

Submissions and discussion:

17. Before us, the contention of learned counsel for the

Corporation is two-fold: Firstly, that in fact the building bye-laws were

not amended to bring them in consonance with the Master Plan for

LPA No. 268/2003 Page 12 of 23
Delhi as amended on 23rd July, 1998. For this, reliance is placed on

notification S.O. No.557(E) which clearly mentions that the building

bye-laws stand modified to the extent mentioned in paragraphs 1 to 3 of

the annexure to the notification dated 23rd July, 1998. There is no

mention of an amendment to the building bye-laws in terms of

paragraph 4 of the annexure to the notification dated 23 rd July, 1998. As

mentioned above, we are concerned with paragraph 4 of the annexure to

the notification since that deals with farm houses. The contention of

learned counsel for the Corporation was that since the building bye-laws

were not amended, there was no question of the building plans being

sanctioned in accordance with paragraph 4 of the annexure to the

notification dated 23rd July, 1998. Secondly, that in any case, by the two

notifications dated 7th June, 2000 read with the letter of the Ministry of

Urban Affairs and Employment dated 8th June, 2000 there was a brake

or suspension on further sanction of building plans in respect of farm

houses, such as the one that we are concerned with. Thereafter, the pre

23rd July, 1998 building bye-laws became applicable by virtue of the

notification dated 7th August, 2000 once again modifying the Master

Plan for Delhi.

LPA No. 268/2003 Page 13 of 23

18. We may also take note of Section 337 of the Delhi Municipal

Corporation Act, 1957 (the DMC Act) which reads as follows:

“337. When building or work may be proceeded
with. – (1) Where within a period of sixty days, or
in cases falling under clause (b) of section 331
within a period of thirty days, after the receipts of
any notice under section 333 or section 334 or of
the further information, if any, required under
section 335 the Commissioner does not refuse to
sanction the building or work or upon refusal,
does not communicate the refusal to the person
who has given the notice, the Commissioner shall
be deemed to have accorded sanction to the
building or work and the person by whom the
notice has been given shall be free to commence
and proceed with the building or work in
accordance with his intention as expressed in the
notice and the documents and plans accompanying
the same:

Provided that if it appears to the
Commissioner that the site of the proposed
building or work is likely to be affected by any
scheme of acquisition of land for any public
purpose or by any proposed regular line of a
public street or extension, improvement, widening
or alteration of any street, the Commissioner may
withhold sanction of the building or work for such
period not exceeding three months as he deems fit
and the period of sixty days or as the case may be,
the period of thirty days specified in this sub-
section shall be deemed to commence from the
date of the expiry of the period for which the
sanction has been withheld.

(2) Where a building or work is sanctioned or is
deemed to have been sanctioned by the
Commissioner under sub-section (1), the person

LPA No. 268/2003 Page 14 of 23
who has given the notice shall be bound to erect
the building or execute the work in accordance
with such sanction but not so as to contravene any
of the provisions of this Act or any other law or of
any bye-law made thereunder.

(3) If the person or anyone lawfully claiming
under him does not commence the erection of the
building or the execution of the work within one
year of the date on which the building or work is
sanctioned or is deemed to have been sanctioned,
he shall have to give notice under section 333 or,
as the case may be, under section 334 for fresh
sanction of the building or the work and the
provisions of this section shall apply in relation to
such notice as they apply in relation to the original
notice.

(4) Before commencing the erection of a building
or execution of a work within the period specified
in sub-section (3), the person concerned shall give
notice to the Commissioner of the proposed date
of the commencement of the erection of the
building or the execution of the work:

Provided that if the commencement does
not take place within seven days of the date so
notified, the notice shall be deemed not to have
been given and a fresh notice shall be necessary in
this behalf.”

19. A perusal of sub-section (1) of the aforesaid Section shows that

it concerns itself with the grant or deemed grant or refusal of sanction

for the construction of a building. Sub-section (2) deals with a situation

where the building or work is sanctioned (or is deemed to have been

LPA No. 268/2003 Page 15 of 23
sanctioned) then the person desirous of making the construction shall be

bound to do so in accordance with the sanction. These two sub-sections

are really not relevant so far as we are concerned. Sub-section (3) deals

with a situation where a person has not commenced construction of the

building within one year of the sanction. In that event, the applicant

must apply for a fresh sanction. Sub-section (4) stipulates that a person

intending to make a construction shall notify the proposed date of

commencement of construction.

20. As far as the present case is concerned, the admitted position is

that the Respondent did not begin the construction [sub-section (3)] nor

did the Respondent give any notice for commencement of construction

at any time [sub-section (4)] after the conditional sanction granted on

23rd May, 2000. Therefore, even if it is assumed that the Respondent

had been sanctioned the building plans, the effect thereof got nullified

with the passage of time because the Respondent neither gave any notice

of commencement of construction nor commenced the construction

within the time prescribed. The Respondent cannot, therefore, claim

any benefit of the conditional sanction.

21. That apart, the more important question required to be

LPA No. 268/2003 Page 16 of 23
answered is whether the Respondent was in fact sanctioned the building

plans on 23rd May, 2000 as claimed and what is the applicable law. In

our opinion, the Respondent was only accorded conditional approval to

the building plans. This cannot be equated with the grant of a sanction.

The conditions imposed on the Respondent were to obtain a No

Objection Certificate from the Additional District Magistrate (Land

Acquisition) and to deposit the levy in accordance with the floor area

ratio. Until the conditions were met, it cannot be said that the

conditional approval fructified into a sanction.

22. That apart, the building plans were not in conformity with the

building bye-laws. It is true that the Master Plan for Delhi was amended

on 23rd July, 1998 but no corresponding change was made in the

building bye-laws. Therefore, even if the building plans submitted by

the Respondent conformed to the Master Plan for Delhi, yet they also

needed to be in accord with the building bye-laws – which they were

not. It is nobody’s case that the amendment in the Master Plan for Delhi

as per paragraph 4 of the annexure to the notification dated 23 rd July,

1998 was incorporated in the building bye-laws. In the absence of any

incorporation, the Respondent cannot seek to take advantage of the

LPA No. 268/2003 Page 17 of 23
relaxed norms mentioned in paragraph 4 of the annexure to the

notification dated 23rd July, 1998. Therefore, the first submission made

on behalf of the Corporation must be accepted and it must be held that

even the conditional sanction given on 23 rd May, 2000 to the building

plans submitted by the Respondent was erroneous because that

conditional sanction was based on the relaxed norms given in paragraph

4 of the annexure to the notification dated 23 rd July, 1998 but those

relaxed norms were not incorporated in the relevant building bye-laws.

23. Even if it is deemed that the building bye-laws were suitably

amended on the amendment of the Master Plan for Delhi, the legal

position would not change to the advantage of the Respondent. The

reason for this is that before the No Objection Certificate could be

obtained, the Ministry of Urban Affairs and Employment (Delhi

Division) issued the notifications S.O. 557(E) and S.O. 558(E) both

dated 7th June, 2000 and the letter dated 8 th June, 2000 suspending the

final sanction of the building plans, except in accordance with the norms

that existed prior to 23rd July, 1998. There is no challenge raised by the

Respondent to notification S.O. 557(E) and S.O. 558(E) both dated 7th

June, 2000 or to the letter dated 8th June, 2000. In view of the following

LPA No. 268/2003 Page 18 of 23
decisions of the Supreme Court, it must be held that no right had either

accrued or vested in the Respondent to have the plans submitted by it

approved in accordance with the increased coverage and height as they

existed prior to 7th June, 2000. In fact, no right had at all accrued to the

Respondent to have the building plans sanctioned in its favour in

accordance with the 23rd July, 1998 notification, particularly after 7th

June, 2000. At best, it can be argued that the only right that accrued or

even vested in the Respondent was for consideration of its building

plans in accordance with the extant building bye-laws. In other words,

the application submitted by the Respondent could be sanctioned only in

accordance with the building bye-laws as they stood on the date of

consideration and not otherwise. That consideration took place only

after 19th June, 2000 that is after the conditions imposed on 23 rd May,

2000 were met by the Respondent. However, in the meanwhile, the two

notifications dated 7th June, 2000 and the letter dated 8 th June, 2000

were issued.

24. In State of West Bengal v. Terra Firma Investment & Trading

Pvt. Ltd., (1995) 1 SCC 125, the Supreme Court quoted with approval

the following passage from Usman Gani J. Khatri v. Cantonment

LPA No. 268/2003 Page 19 of 23
Board, (1992) 3 SCC 455 with regard to the legal right in respect of

sanctioned plans. The passage is apposite to the facts of this case and

reads as follows:

“In any case the High Court is right in taking the
view that the building plans can only be
sanctioned according to the building regulations
prevailing at the time of sanctioning of such
building plans. At present the statutory bye-laws
published on 30.4.1988 are in force and the fresh
building plans to be submitted by the petitioners, if
any, shall now be governed by these bye-laws and
not by any other bye-laws or schemes which are
no longer in force now. If we consider a reverse
case where building regulations are amended more
favourably to the builders before sanctioning of
building plans already submitted, the builders
would certainly claim and get the advantage of the
regulations amended to their benefit.”

25. Relying upon Usman Gani J. Khatri, the Supreme Court held

in New Delhi Municipal Council and others v. Tanvi Trading and

Credit Private Limited and others, (2008) 8 SCC 765 as follows (in

paragraph 39 of the Report): –

“It is well settled that the law for approval of the
building plan would be the date on which the
approval is granted and not the date on which the
plans are submitted.”

26. The same view was expressed by the Supreme Court in

LPA No. 268/2003 Page 20 of 23
Howrah Municipal Corporation and others v. Ganges Rope Co. Ltd.

and others, (2004) 1 SCC 663.

27. Similarly in Commissioner of Municipal Corporation, Shimla

v. Prem Lata Sood and others, (2007) 11 SCC 40, the Supreme Court

held in paragraph 36 of the judgment as follows:

“36. It is now well settled that where a statute
provides for a right, but enforcement thereof is in
several stages, unless and until the conditions
precedent laid down therein are satisfied, no right
can be said to have been vested in the person
concerned. The law operating in this behalf, in
our opinion is no longer res integra.”

28. Reference may also be made to the decision in Union of India

v. Indian Charge Chrome, (1999) 7 SCC 314. It is said in paragraph 39

of the Report as follows:

“39. In Union of India v. Indian Charge Chrome,
(1999) 7 SCC 314 yet again this Court
emphasised: (SCC p. 327, para 17)

“17. …The application has to be decided in
accordance with the law applicable on the date on
which the authority granting the registration is
called upon to apply its mind to the prayer for
registration.”

LPA No. 268/2003 Page 21 of 23

Conclusion:

29. On the basis of the above facts and the decisions referred to, it

is quite clear to us that

(a) The building bye-laws were not amended to be in conformity
with the Master Plan for Delhi as amended on 23rd July, 1998.

(b) Even if the building bye-laws were deemed to be amended,
their operation was suspended on 7 th June, 2000 by virtue of the two
notifications issued by the Ministry of Urban Affairs and Employment
and the letter dated 8th June, 2000.

(c) In any event, the building plans of the Respondent were
conditionally sanctioned on 23rd May, 2000.

(d) Though the Respondent met the conditions for release of the
building plans on 19th June, 2000 they could not be released in view of
the two notifications dated 7th June, 2000 and the letter dated 8 th June,
2000.

(e) The law applicable on the date of sanction of the building
plans is important. When the building plans of the Respondent were
considered on 19th June, 2000 or thereafter, the relaxed norms for farm
houses were no longer applicable (assuming they were deemed to be
applicable). Consequently, the Corporation had no option but to reject
the building plans of the Respondent.

(f) No right had accrued to the Respondent to proceed on the
basis of the conditional sanction granted to the building plans submitted.
In the absence of any unconditional sanction of building plans, the
question of granting permission to the Respondent to make the
construction did not arise and, indeed, even the Respondent did not ask
for any such permission in terms of Section 337 of the DMC Act.

(g) The Corporation was right in law in asking the Respondent to
submit fresh building plans in accordance with the extant building bye-
laws.

LPA No. 268/2003 Page 22 of 23

30. Under the circumstances, we are not in agreement with the

learned Single Judge and we hold that the Respondent had only a

conditional sanction for its building plans on 23rd May, 2000. The

conditions were met by the Respondent only on 19 th June, 2000 that is,

after a halt on the application of the amended norms and therefore no

right vested in the Respondent to have its building plans sanctioned on

the presumption that the notification S.O. 557(E) and S.O. 558(E) both

dated 7th June, 2000 did not apply. The Corporation was right in

requiring the Respondent to submit fresh building plans in terms of their

letters dated 3rd July, 2000 and 18th October, 2000 read with the

notifications dated 7th June, 2000 and the letter dated 8th June, 2000.

31. The appeal is allowed and the writ petition is dismissed. No

costs.




                                           (MADAN B. LOKUR)
                                           ACTING CHIEF JUSTICE



MAY 05, 2010                               (MUKTA GUPTA)
dk/ncg                                     JUDGE




LPA No. 268/2003                                                Page 23 of 23
 

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