MANOJ KUMAR SHARMA Vs. MCD

JUDGEMENT

(1.) THE petitioner claiming to be owner of part of the property No.178/7,8, Street No.2, Padam Nagar, Kishan Ganj, Delhi had applied to the respondent MCD for permission to raise construction on his part of the property. The said application was rejected. Aggrieved therefrom the petitioner earlier filed W.P.(C) No.13842/2009 in this Court. It was the stand of the counsel for the respondent MCD then that the remedy of the petitioner was under Section 347 B of the Delhi Municipal Corporation Act, 1957 by appealing against the order of rejection and not by way of writ petition. In view of the said submission of the counsel for the respondent MCD, the counsel for the petitioner had then withdrawn W.P.(C) No.13842/2009 with liberty to challenge the order of rejection before the Appellate Tribunal, MCD.

(2.) THE petitioner however after withdrawing the earlier writ petition, instead of approaching the Appellate Tribunal MCD, approached the Public Grievances Commission which vide order dated 7th July, 2010 directed the petitioner to meet the officials of the respondent MCD and directed the respondent MCD to grant opportunity to the petitioner to complete the deficiencies in his application.

(3.) THE counsel for the respondent MCD appearing on advance notice states that the application of the petitioner has again been rejected vide order dated 11th February, 2011, copy whereof is handed over in the Court. The counsel for the petitioner denies that the said order has been served on the petitioner. Be that as it may, a copy thereof has been handed over to the counsel for the petitioner.