Let's dive into a recent court case involving Pushpinder Kumar and the Municipal Corporation of Delhi (MCD). The case revolves around illegal construction and a neighbor's right to get involved.
Pushpinder Kumar and another person challenged a decision from the Appellate Tribunal, MCD. This decision allowed a neighbor, identified as respondent no. 2, to take part in an appeal about a demolition order on the building they all live in.
The neighbor, who lives in the same building, complained about illegal construction by the petitioners. This construction allegedly blocked airflow and caused leaks due to dangerous materials. The neighbor also mentioned a police report (No. 398/2022) filed against the petitioners for taking over shared spaces.
"The neighbor is not unrelated to the matter but is affected by the construction," said Justice Kathpalia.
The petitioners argued that the neighbor's involvement should be limited. They claimed there were no special reasons to justify the neighbor's participation, based on previous legal rules.
Justice Kathpalia found no problems with the previous decision allowing the neighbor limited involvement. The judge emphasized that the neighbor's concerns were valid and not meant to pressure the petitioners unfairly.
"No outsider can join the official appeal under the DMC Act, but limited participation is allowed," explained Justice Kathpalia.
The court upheld the decision to allow the neighbor to participate in the appeal, dismissing the petitioners' objections. This case highlights the balance between individual property rights and community interests.
