Delhi High Court Grants Permission for Property Repairs Post-MCD Demolition: A Move Towards Amicable Resolution and Regularisation
In a significant judgment that clarifies the rights of property owners to undertake repairs, the High Court of Delhi, led by Hon’ble Ms. Justice Manmeet Pritam Singh Arora, has set a precedent in the case of Lakhbir Singh (since deceased) & Ors. Versus Kawaljeet Singh Bhatia & Anr. The court decisively ruled in favor of allowing property owners to conduct self-funded repairs on their properties, especially in cases where damage is incurred due to actions by municipal bodies.
The judgment, pronounced on 24th November 2023, addresses a dispute where the petitioner’s property was damaged due to demolition activities carried out by the Municipal Corporation of Delhi (MCD) on an adjacent property. The petitioner approached the High Court under Article 227 of the Constitution of India after their application under Section 151 of the Code of Civil Procedure, 1908, seeking permission to repair their property, was dismissed by the Trial Court.
In her landmark observation, Justice Manmeet Pritam Singh Arora noted, “There is no legal impediment in the Petitioner carrying out the repairs proposed by them in this petition.” This statement underlines the court’s stance on the fundamental right of property owners to maintain and repair their premises, especially in scenarios where external factors have caused damage.
The case also highlighted the issue of unauthorized constructions, with the court confirming that no current proceedings were pending against the petitioner’s property for such violations. Moreover, the judgment laid out a clear path for both the petitioner and the respondent to apply for regularization of any unauthorized constructions under the existing policy.
The court’s decision, setting aside the previous order of the Trial Court, has been widely welcomed by legal experts and property owners alike. It not only reinforces the rights of individuals to maintain their properties but also delineates the responsibilities and processes involved in such circumstances.
In conclusion, this ruling by the High Court of Delhi serves as a guiding principle for similar cases, ensuring that property owners are not unduly hindered from undertaking necessary repairs and maintenance of their properties.
Date of Decision: 24th November 2023
LAKHBIR SINGH (SINCE DECEASED) & ORS. VS KAWALJEET SINGH BHATIA & ANR
