HARJINDER KUMAR AND ANR Vs. DDA AND ANR

JUDGEMENT

(1.) The petitioner No.1 before this Court claims to be owner of the basement and ground floor of Property No. RR-11, Mianwali Nagar, Rohtak Road, New Delhi, whereas petitioner No. 2 claims to be owner of a part of its third floor. The respondent-DDA issued notice dated 15.03.2010 to petitioner No. 1 Harjinder Kumar, alleging the following unauthorized constructions in the above-referred building:

(2.) The petitioner No. 1 was directed to discontinue the illegal and unauthorized development in the aforesaid building and was also called upon to show-cause why an order for demolition of the unauthorized development be not passed and the same be not directed to be sealed under Section 31A of Delhi Development Act. The petitioner No. 1 filed reply to the show-cause notice on 16.08.2010. Vide communication dated 11.02.2011, addressed to both the petitioners, Deputy Director (Building) passed an order directing sealing of the unauthorized development and for removal of the same. Being aggrieved from the aforesaid order, the petitioners have filed this writ petition.

(3.) When it is pointed out to the learned counsel for the petitioners that the order passed by the Deputy Director (Building) of DDA is appealable before Appellate Tribunal under Section 31C of Delhi Development Act, he submits that since the post of the Appellate Tribunal was lying vacant at the time the aforesaid order was passed, the petitioners could not avail the remedy of statutory appeal. The learned counsel for the petitioner again states that though the appeals were filed against the aforesaid order since there was no Presiding Officer appointed for the said Tribunal at the time the appeal came to be filed, the petitioners were compelled to approach this Court by way of this writ petition.