ARJUN SINGH Vs. MCD AND ORS.

JUDGEMENT

(1.) This application (C.M. No. 18280/2011) is filed by respondent No. 4 praying inter alia for restraining respondents No. 1 & 2/MCD from taking any steps to demolish the construction on property bearing No. WZ -491, Basai Dara Pur, New Delhi, in respect of which, the present petition has been filed by the petitioner praying inter alia for directions to respondents No. 1 to 3 to take legal action against the unauthorized construction existing on the said premises.

(2.) In the order dated 08.11.2011, it was noted that a status report had been filed by respondents No. 1 and 2/MCD, wherein it was averred that the subject premises was inspected on 05.08.2011 and in the course of inspection, it was noticed that the entire construction had been raised on the subject property without any sanction plan. As a result, the same was booked on 04.10.2011. On 07.10.2011, respondent No. 4 applied for regularization of the existing structure. The aforesaid application of respondent No. 4 for regularization was rejected by the respondent/MCD on 03.11.2011 and a demolition order was passed thereafter.

(3.) On 8.11.2011, it was contended on behalf of respondent No. 4 that the file of the Department should be examined inasmuch as the Chief Town Planner of respondent No. 1/MCD had put up a note, recommending that the construction existing on the subject premises should be regularized, which fact had been concealed by respondent No. 1/MCD from this Court. While adjourning the matter to 30.03.2012, respondent No. 1/MCD was directed to produce the relevant records of the case for perusal.