Delhi High Court Orders Survey Of Buildings Around Heritage Properties To Check Illegal Constructions

The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to conduct a comprehensive survey of buildings located in the vicinity of notified heritage properties in the national capital to check if there are any illegal constructions.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia passed the direction while hearing a batch of petitions raising grievances regarding violations of building bye-laws around heritage sites.

The Court noted that the pleas raised concerns that unauthorized constructions in the buildings around national heritage sites were altering and defacing the character of heritage structures.

As per the petitioners, the constructions which were taking place or which have already taken place around heritage properties tend to change the character of such properties.

It was argued that such constructions sometimes result in defacement of the heritage buildings and that in many cases while approving the building plan, the MCD ignored the relevant building bye-laws and even the advice tendered by the Heritage Conservation Committee.

It was submitted on behalf of the petitioners that the occupiers of the buildings situated in the vicinity of heritage properties deviate from the sanctioned building plan which also has an adverse impact on the heritage properties.

The Court directed that a survey be conducted by the MCD of all the buildings situated in the vicinity of the heritage properties enlisted in the petitions.

“In the survey, it shall appropriately be ascertained as to whether the constructions raised in such buildings, which are in the vicinity of the heritage properties, are in accordance with the norms and the approved sanctioned building plan,” the Court said.

It added that the survey team to be constituted by the Municipal Body shall also include one officer of the Heritage Conservation Committee to be nominated by its Chairperson.

“The survey report in respect of each heritage property as mentioned in these petitions shall be filed before this Court separately after serving a copy therof upon learned counsel for the petitioners who may file their response to the survey report, if any, by the next date of hearing,” the Court ordered.

“The survey under this order shall be completed within a period of three months,” it added.

Title: KUSUM SEHGAL v. HERITAGE CONSERVATION COMMITTEE & ORS & Other Connected Matters

Click here to read order