Municipal Body Directed to Ensure Compliance with Sanctioned Building Plans and Heritage Norms
In a significant move aimed at preserving the integrity of heritage properties, the Delhi High Court has issued directives for a detailed survey to be conducted around buildings situated near heritage sites. The decision, pronounced by a bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, comes in response to concerns raised about unauthorized constructions altering the character of heritage properties and leading to their defacement.
The petitions filed by Kusum Sehgal and others highlighted the alarming trend of constructions around heritage sites disregarding approved building plans and the advice of the Heritage Conservation Committee (HCC). The petitioners argued that the Municipal Corporation of Delhi often overlooks building bye-laws, facilitating deviations from sanctioned plans that adversely impact the heritage properties.
Addressing these grievances, the court mandated the Municipal Body to initiate a thorough survey of all buildings in the vicinity of the heritage sites mentioned in the petitions. The survey aims to verify whether these constructions adhere to established norms and the sanctioned building plans. Furthermore, the court directed that the survey team should include an officer from the Heritage Conservation Committee, appointed by its Chairperson, to ensure expert oversight.
The court emphasized the importance of filing a separate survey report for each heritage property before the court. The petitioners' counsel will receive copies of these reports, allowing them to respond to any findings by the next hearing date.
Highlighting the urgency of the matter, the court ordered the completion of the survey within three months, setting the next hearing for May 15, 2026. This initiative underscores the court's commitment to safeguarding heritage properties against unauthorized developments that threaten their historical and cultural significance.
Bottom Line:
Preservation of heritage properties - Directions issued for conducting a survey to ensure constructions in the vicinity of heritage properties comply with sanctioned building plans and norms.
Statutory provision(s): Building bye-laws, Heritage Conservation Committee guidelines, Municipal Corporation regulations.
Kusum Sehgal v. Heritage Conservation Committee, (Delhi)(DB) : Law Finder Doc id # 2847423
