SUDESH Vs. AMITABH BHOLA

JUDGEMENT

(1.) . The petitioner and respondents 1 and 2 are co-owners of property No.A- 23, Bunglow Road, Kamla Nagar, Delhi which is stated to have been purchased by the wife of the petitioner by a registered sale deed dated 30.4.1982. The building plans were sanctioned by respondent No,3 MCD vide letter dated 8.3.1984 but thereafter in view of certain unauthorised construction the property was sealed under section 345 A of the Delhi Municipal Corporation Act, 1957(hereinafter referred to as the Act).

(2.) The property was directed to be desealed by an order of the appellate tribunal passed on 17.12.1991 in view of the owners giving an undertaking to carry out the rectification in the building in accordance with the rectification plan. However, after due proceedings the property was once again sealed in pursuance to the order dated 6.7.94 of respondent No.3. The said order was set aside by the appellate tribunal vide order dated 15.2.1996 in view of the defect in service of the show cause notice but descaling was for part of the property.

(3.) It is thus stated that the property remained sealed from 4/12th December, 1987 to 17th December, 1991 and again from 6.7.94 to 15.2.96. It is also stated that between the period from 17.12.91 to 6.7.94 the property was under construction and substantial work was carried out for rectification of the unauthorised construction. The property was again sealed from 6.7,94 to 15.2.1996.