MALA MEHRA Vs. MCD

JUDGEMENT

(1.) PETITIONER is aggrieved by the order dated 14.11.2011 passed by the Joint Assessor and Collector, MCD by which mutation granted in favour of the petitioner on 23.09.2010 has been cancelled.

(2.) THE petitioner and respondent no.3 are closely related to each other, respondent no.3 is the elder brother of the petitioner. As per the petitioner, her mother had executed a gift deed in her favour on 12.04.2010. Based on the gift deed and relying on section 128 of the Delhi Municipal Corporation Act, the petitioner made an application for mutation of the ground floor and basement of the property bearing No.N-25, Panchsheel Park, New Delhi on 22.06.2010. The respondent MCD called upon the petitioner by a communication dated 28.07.2010 to furnish additional documents that is fresh affidavit and indemnity bond, which were provided by the petitioner and finally mutation was granted in the name of the petitioner vide letter dated 23.09.2010 bearing No. TAX/SZ/RKP/1125.

(3.) LEARNED senior counsel for the petitioner submits that the disputes between the parties are subjudice and are pending on the original side of this court. Mr.Sethi, submits that the respondent no.3 has filed a suit for declaration and cancellation of document, wherein an order of status quo has been passed. It is contended that in case the respondent no.3 was aggrieved by the mutation granted by the MCD, the respondent no.3 in CS(OS)No.2655/2010, could have sought protection from the High Court where the matter was and is pending. It is further contended that the MCD had no right to suspend/ cancel the mutation which was granted in favour of the petitioner. It is further alleged that the MCD has acted under the influence of the respondent no.3.