O P MALIK Vs. M C D

JUDGEMENT

(1.) Petitioner is aggrieved by the order dated 22.10.2003 passed by the Lt.Governor in appeal No.93/2003-CA. By said order, the Lt.Governor reversed the order dated 2.7.2003 passed by the Appellate Tribunal, MCD in appeal No.46/AT-MCD/94. The Appellate Tribunal, vide order dated 2.7.2003 upheld order dated 11.1.1994 revoking sanction obtained for further construction on property No.C-100, Anand Niketan, New Delhi.

(2.) Petitioner and his brother, late Shri K.L.Malik were the co-lessees of property bearing C-100, Anand Niketan, New Delhi by and under a perpetual sub-lease dated 11.9.1968. The land admeasures 423.20 sq. yards.

(3.) As per the petitioner, being a government servant, he was being posted outside Delhi. To facilitate construction of a building on the plot he executed a power of attorney on 13. 1.1974 empowering his brother Late Shri K.L.Malik to act for and on his behalf and in his name pertaining to the property and in particular to deal with the municipal authorities to obtain necessary sanctions to construct a building. It is stated by the petitioner that since two brothers were co-lessees in equal share, they had, inter se, orally agreed to put to beneficial use the building to be constructed in the ratio of 50:50.