SARITA KALUCHA Vs. MCD

JUDGEMENT

(1.) THE petitioners have filed the present petition praying inter alia for quashing of the order dated 8.9.2011 passed by the respondent/MCD rejecting the representation of the husband of petitioner No.2 for regularizing the unauthorized construction existing on the first floor of the property bearing No.S-207, Greater Kailash Part-I, New Delhi, and for paying compounding charges in respect thereof. THE petitioners have also sought quashing of the order dated 12.9.2011 issued by the respondent/MCD under Section 345-A of the DMC Act, 1957 (in short `the Act') directing sealing of the entire premises. Pertinently, while the aforesaid order was signed on 29.8.2011, as is apparent from the date endorsed at the bottom of the said document, the same was dispatched on 12.9.2011, the date endorsed on top of the document.

(2.) ON the first date of hearing, i.e., on 16.9.2011, counsel for the respondent/MCD, who appeared on advance copy, had sought an adjournment to obtain instructions from his client and as a result, the matter was adjourned to 19.9.2011. ON 19.9.2011, in view of the submission made by the counsel for the respondent/MCD that only a part file was available with the officer of respondent/MCD, the present case was adjourned for today.

(3.) COUNSEL for the respondent/MCD hands over copies of the extract of the relevant file in respect of the subject premises, which included copies of the order dated 12.9.2011 passed under Section 345A of the Act, vacation notice dated 12.9.2011 passed under Section 349 of the Act and order dated 12.9.2011 passed under Section 345A of the Act, which are taken on record.