OBAIDUL RAB RAUFI Vs. MUNICIPAL COEPORATION OF DELHI

JUDGEMENT

(1.) Petitioner, owner of the fourth floor of House No.D-808, New Friends Colony, New Delhi, had filed this writ petition, seeking quashing of the order requiring him to vacate the premises in question. During the course of proceedings, respondent/MCD stated that fresh show cause notices for the unauthorised construction, were being prepared and they would be served on the petitioner. These notices were then got served in Court on the petitioner. Petitioner also filed his reply to the same. A demolition order was also passed pursuant thereto. Parties were directed to maintain status quo upto 20.3.2001, to enable the petitioner to prefer an appeal before the MCD Appellate Tribunal. The writ petition stood disposed of except for the purpose of considering the explanation called from Municipal officers for entertaining/processing the joint application for regularisation of owners of 3rd & 4th floors i.e. petitioner of the property.

(2.) During the course of proceedings, it was noticed that one of the pleas being taken by the petitioner was that he had paid the regularisation charges for the premises in his occupation. A receipt for the sum of Rs.59,205.00 had also been issued in the name of the petitioner. The application, in the instant case, had been made jointly by owners/occupiers of different portions of house i.e. third floor and fourth floor. The application had been so processed. An explanation was called for of the concerned officers, namely. Deputy Commissioner, Central Zone, Executive Engineer, Central Zone and the Zonal Engineer, who had entertained and processed the said application for regularisation.

(3.) Respondent/MCD filed the counter affidavit, explaining that the regularisation fee that had been accepted was not for the fourth floor and in fact the fourth floor had been shown in yellow colour, so as to delineate the portion, which was not to-be regularised. written explanations were also called for and have been submitted by the Deputy Commissioner, Executive Engineer and the Zonal Engineer.