DELHI CANTONMENT BOARD Vs. SH. D.P. MITTAL

JUDGEMENT

(1.) The appellant impugns the order dated 01.08.2011 of the learned Single Judge in W.P.(C) No.3759/2008 preferred by the respondent, insofar as the same proceeds on the premise that the Ground and the First Floors of house No.1/201/1, Sadar Bazar, Delhi stand regularized. Notice of the appeal was issued and the operation of the order dated 01.08.2011 of the learned Single Judge stayed. The counsels have been heard.

(2.) The writ petition aforesaid was preferred by the respondent impugning the order dated 11.03.2008 of the learned Additional District Judge dismissing the appeal preferred by the respondent against the order dated 17.03.2006 of the Estate Officer of the appellant directing demolition of the entire structure of the aforesaid property as unauthorized. It was inter alia the contention of the counsel for the appellant before the learned Single Judge that, the respondent claimed to have bought the said property through Sale Deed dated 20.11.2000; that in the said Sale Deed also, the property was described as comprising of a ground and first floors with roof rights only; that the admitted position was that the property then consisted of ground, first & second floors and mumti there above .It was thus contended by the counsel for the appellant before the learned Single Judge that the second floor and the mumti, as per the documents of the respondent also, had been constructed after the Sale Deed dated 20.11.2000 without obtaining any sanction / permission and were unauthorized and the respondent had falsely pleaded in the writ petition that the property was in the same state as at the time of purchase.

(3.) On the basis of the aforesaid contention of the counsel for the respondent, the learned Single Judge disposed of the writ petition by giving liberty to the respondent to approach the appellant for regularization of the second floor and the mumti and with further direction to the appellant to take a decision thereon in accordance with law; the appellant was also directed to de -seal the ground and the first floors of the property.