MANJEET SINGH Vs. COMMISSIONER MCD

JUDGEMENT

(1.) THE present petition is filed by the petitioners praying inter alia for directions to respondent No.1/MCD and respondent No.2/Delhi Police to take immediate action to stop demolition of the existing structure and the fresh construction undertaken by respondent No.3 in property bearing No.643-648 and 674-675, Ward No.7, Farash Khana, Delhi-110006.

(2.) IT is averred in the petition that the petitioners are tenants on the ground floor of the subject premises, which comprises of a first and second floor as well. IT is stated that by 22.08.2011, respondent No.3 had demolished the entire first and second floor of the subject premises, against which action, the petitioners had made complaints to respondent No.1/MCD and to the local police on 23.08.2011, but as neither of them took any action, they were compelled to file the present petition.

(3.) A counter affidavit has been filed by respondent No.3, wherein heavy reliance has been placed on the letter dated 14.07.2011 issued by respondent No.1/MCD, permitting respondent No.3 to carry out minor repairs such as plastering and re-flooring etc. in the subject premises with a specific note that reconstruction would not be allowed. Inspite of the clear mandate of respondent No.1/MCD, learned counsel for respondent No.3 insists that his client was permitted reconstruction of the subject premises on the strength of the aforesaid permission dated 14.07.2011. The basis of the said submission is that when respondent No.3 had commenced the work of plastering/re-flooring, the entire structure, which he claims was in a dangerous position, had started to further degenerate and collapse, which is why respondent No.3 was left with no option but to demolish both the first and second floors.