MAHENDER KUMAR NIGAM Vs. M C D

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The case of the petitioner in these three CM (M) petitions is that an appeal was filed against the impugned order of demolition. Operation of the order of demolition was stayed. But thereafter the appeal was dismissed in default. An application for restoration of that appeal had been moved, but that could not be decided for the decided for the reason that the Presiding Officer of the Appellate Tribunal had handed over and his not taken over. Since the Presiding Officer had not been appointed, the petitioner did not find any other option but to approach this Court.

(3.) It is submitted that the property bearing No. 1301 to 1318 known as RB Sultan Singh Building situnted at Kashemere Gate, Delhi was owned by M/s. Chavanrishi International Ltd. Later on the property was purchased by four private companies. It was reconstructed after evicting the tenants. The tenants agreed to vacate to enable the owners to reconstruct the property. Building plans were duty got sanctioned, After completion of the entire work the portion earmarked for the tenants/ occupants were handed over to the respective tenants to run their business. It is admitted that the construction was raised for a residential building. However, it is admitted in as much as the portion for the property earmarked for commercial user as such the petitioner and other co-owners had to allow the old tenants to use their respective portions for commercial user. Some payments have also been made for conversion and regularization of misuser and Rs. 1,04,000/- was deposited in that connection. All of a sudden the property in dispute was sealed by the officials of the MCD on 26th April, 2001 on the basis of the sealing orders dated 5th May,1999 and 11th February, 2000. Thereafter, the petitioner came to know about existence of demolition notice.