SUNIL ATREE Vs. MCD

JUDGEMENT

(1.) PETITIONER Sunil Atree filed the present petition seeking a direction to respondent MCD to carry out its statutory duty of demolishing and sealing the unauthorized construction at property bearing No. 2932, Bahadurgarh Road, Sadar Paharganj Zone, New Delhi. A further direction was sought to the respondent to bring the buildings within the Sadar Paharganj area, in accordance with the master plan, zonal plans and municipal laws and to demolish such constructions, which were not in accordance with the master plan. This writ petition has a checkered history of show cause notices being issued by the MCD, replies thereto, demolition notices and orders being passed, appeals preferred before the MCD Appellate Tribunal and the cases being remanded to the Zonal Engineers (Building) for decision on merits. This culminated in an order dated 22.1.1999, by which the demolition notices/orders which had been directed to be treated as show cause notice by the Appellate Tribunal MCD, were withdrawn and the case was closed.

(2.) THE order dated 22.1.1999, passed by the Assistant Engineer, Sadar Paharganj Zone is assailed by the petitioner as vitiated by fraud and not sustainable. Further, questions which have arisen for consideration are (i) whether the Commissioner of MCD has the power to review, rescind or recall the order dated 22.1.1999? and (ii) whether the said order dated 22.1.1999 can be quashed in the present proceedings?

(3.) IT may also be noted that during the course of the writ proceedings, C.M. No. 9895/2000 was moved by applicant Jiwan Kumar seeking impleadment in the writ petition. The said application was allowed vide order dated 16.1.2001 and Jeevan Kumar was added as respondent No. 2.