ALOK RAI vs DDA AND ANR

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th February, 2025 + W.P.(C) 12118/2023 & CM APPL. 11037/2025 ALOK RAI .....Petitioner Through: Mr. Romil Pathak, Advocate. versus DDA AND ANR .....Respondent Through: Mr. Tushar Sannu, Advocate for DDA. Mr. Dharmendra Kumar with Mr. Shashi Bhushan, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner seeks early hearing of the matter. 2. The matter is fixed for tomorrow and it is not comprehensible as to why this application has been moved at such a belated stage. 3. Be that as it may, since the learned counsel for respondents are also present and the learned counsel for petitioner has joined the proceedings through video conferencing, the date is pre-poned and the writ petition is taken up for hearing, today itself. 4. Petitioner is resident of Type-D, Block-4 of the Society namely, Nav Sansad Vihar, CGHS Ltd., New Delhi. He is occupying Flat No. 424. 5. The present matter relates to unauthorized extension of balcony. 6. DDA had issued a notice under Section 31 of Delhi Development Act, 1957 on 11.08.2021 thereby asking to stop construction in respect of the above said flat. 7. Such order dated 11.08.2021 is under challenge. Signature Not Verified Digitally Signed W.P.(C) 12118/2023 1 By:SONIA THAPLIYAL Signing Date:25.02.2025 19:44:53 8. As per the above said notice, DDA had carried out inspection in the above said Society and noticed some deviations in Blocks of Type-D Flats. Stop Construction Notice was issued with direction for rectification of such deviations and to bring it in compliance with the Sanctioned Building Plan. 9. It is noticed that some similarly situated other petitioners had filed writ petition i.e. W.P. (C) No. 9072/2021 and while disposing