Delhi Sealing : High Court refers Rama Road sealing cases to higher bench
2 04 2008The question of desealing 80 commercial properties in Rama Road area in West Delhi remained undecided today with the a two-judge Bench of Delhi High Court delivering a split verdict on the matter.
The case would now be referred to a third judge to decide the matter.
The properties were sealed by the MCD in 2006 as these have been built on plots which were illegally carved out of bigger plots. The structures on these illegal plots have allegedly been built without seeking a sanction from the civic agency.
A Division Bench comprising Justice A K Sikri and Justice Rekha Sharma differed on the matter and forwarded the matter to the Chief Justice to refer the case to a third Judge.
Allowing the petition by the traders, Justice Sikri said the premises could be desealed but no further construction would be allowed and there would no third party right in the property.
He also said that the owners would have to give an assurance that they would abide by the guidelines of DDA and the Supreme Court on Master Plan 2021.
Justice Sharma, on the other hand, said that the plots were protected but constructions were illegal, as proper sanctions were not obtained from the Karol Bagh zone of MCD.
Over 1,000 properties at Rama Road were sealed in 2006 on the HC directive that relied upon a report filed by a court commissioner appointed by it for the Karol Bagh zone.
