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Tribunal strikes down DDA`s demolition order
New Delhi, Oct 27: A city court has struck down a demolition order of DDA regarding a construction in south Delhi saying the Authority did not have the power for the same as the structure was erected when the plot was under the jurisdiction of MCD.
New Delhi, Oct 27: A city court has struck down a
demolition order of DDA regarding a construction in south
Delhi saying the Authority did not have the power for the same
as the structure was erected when the plot was under the
jurisdiction of MCD.
Setting aside the demolition order, presiding officer of
MCD Appellate Tribunal B S Mathur said "I don't agree with the
contention of DDA that in case of agricultural land, if one
wants to raise construction in confirmity with the provisions
of Delhi Land Reforms Act, one has to take prior permission
from DDA if the same falls in the development area.
"DDA officials cannot be allowed to grab powers which are not vested in them by law," the Tribunal said remanding the case back to DDA to initiate any fresh proceedings against the appellant. Gajender Singh had appealed against DDA's order to demolish a construction at Mehrauli in Mahipalpur Road.
Claiming that he had not erected any new construction over a particular land in Mehrauli, Singh said the existing structure was raised by the previous owner of the plot in 1990 whereas the area was notified as development area by DDA only in 1993. As per Delhi Development Act, if an area falls in a development area then the sanctioning authority is DDA, the tribunal noted, adding that if the area is not a development area, then MCD has power over it.
In the present case, the construction was erected when the land was under the jurisdiction of MCD, it observed.
Bureau Report
"DDA officials cannot be allowed to grab powers which are not vested in them by law," the Tribunal said remanding the case back to DDA to initiate any fresh proceedings against the appellant. Gajender Singh had appealed against DDA's order to demolish a construction at Mehrauli in Mahipalpur Road.
Claiming that he had not erected any new construction over a particular land in Mehrauli, Singh said the existing structure was raised by the previous owner of the plot in 1990 whereas the area was notified as development area by DDA only in 1993. As per Delhi Development Act, if an area falls in a development area then the sanctioning authority is DDA, the tribunal noted, adding that if the area is not a development area, then MCD has power over it.
In the present case, the construction was erected when the land was under the jurisdiction of MCD, it observed.
Bureau Report