(1.) It all started when CW No.2466/2002 was filed in this Court by Brijender Kumar Tomar seeking mandamus against MCD to demolish the stated unauthorized construction by Shri S.LGutpa on the terrace of flat bearing No.66-C, Pocket A-12, Kalkaji Extension.
(2.) Brijender Kumar Tomar is the owner and occupant of Flat No.66-B which is on the first floor. Above that is Flat No.66-C owned and possessed by Shri S.L.Gupta.
(3.) For record, it may be clarified that wife of S.LGupta was the original allottee. She having died, S.L.Gupta claims inheritance under his wife. But, in records of MCD, necessary mutation has not been effected.