SC allows construction of third floor with conditions

New Delhi (PTI): Property owners in the Capital on Friday got a major relief from the Supreme Court which allowed the construction of a third floor on plots in residential colonies subject to its final decision on the validity of the Master Plan for Delhi (MPD) 2021.
The apex court said the relief would be available to those owners who will "fulfill" the requirements as laid down in the MPD relating to a building's height and floor area ratio (FAR).
A Bench headed by Justice Arijit Pasayat made it clear that the interim relief would not be extended to commercial and industrial areas.
The order which came with a rider said neither the owners nor the persons to whom the property would be sold or transfered after the construction could claim equity if the verdict goes against them and "demolition" is ordered.
While directing that additional floors could be constructed provided the height of the building does not exceed the maximum limit of 15 metres as specified by the MPD, the Bench also modified the provisions relating to the maximum number of dwelling units that can be built in different categories of plots.
It said the category of plot in which the MPD 2021 permitted six dwelling units would be reduced to five and where the maximum number was fixed at nine, it would be now seven.
Similarly, in the category where the maximum sanctioned number of dwelling units is 10, the new limit would be eight, said the Bench also comprising Justices C K Thakker and L S Panta.
The Hindu; Friday, March 14, 2008