The Delhi High Court declared that a plot which does not have an appropriate plan cannot pass as a house. Such is the case with a woman who sent a plea for approval for her plot.
The plan was rejected by the HC as they said that "two rooms without the basic facility of the kitchen cannot be called a house".
In the given case, petitioner Fahmida Anjum’s plea for allotment of an alternate plot in lieu of acquired land was rejected by the authority concerned in the Delhi government on February 28, 2018 on the ground she owned a property comprising two rooms. Sandeep Bajaj, founder and managing partner, PSL, along with associate partner Soayib Qureshi and senior associate Shourya Mittal, supported the petitioners.
When the petitioners depended upon the decision of the Supreme Court. A perusal of MCD record reveals that in property…there are two rooms, bath/latrine and a verandah. It nowhere mentions that there is a kitchen with the abovesaid rooms. May be, tenants are residing in the said two rooms and their
unauthorized occupancy in these rooms, according to petitioner’s counsel, relates back to the year 1930. It is relevant to note that the dimension of these two rooms in the aforesaid property No.4634 is about 10 X 15 ft. only,” the court concluded.
“I see no reason to take a different view than the one already taken, as referred to above. Since two rooms in the property in question, do not have basic facility of kitchen, therefore, it cannot be considered to be a dwelling unit and so, rejection
of petitioner’s application on the ground that petitioner is in possession of a house/dwelling unit, is not justified,” Justice Gaur concluded.
After much deliberation the court directed the government to reconsider petition and the given plot.
Courtesy/By: Utkarsh Yadav
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25 Aug 2018
