R R GAUTAM Vs. STATE

JUDGEMENT

(1.) THE matter relates to an illegal construction being carried out at Arjun nagar, Mubatakpur, New Delhi without the proper authorization required under the delhi Municipal Corporation Act, 1957 ('dmc Act' for short) and the bye-laws made thereunder. Upon inspection of the said premises, the Delhi Municipal corporation ('dmc' for short) issued a show cause notice to the owner of the said property u/s 332 of the DMC Act dated 22-01-2002 to which no response was received. Thereafter, the DMC issued a demolition notice dated 29-01-2002 to the owner giving him 6 days time to demolish the said illegal construction, upon the completion of which period, if the demolition was not carried out, the DMC would demolish the same under its power u/s 343 (6) of the Act. It is stated that it is only upon the completion of this stipulated period that the higher officials of the DMC recommended the demolition of the said illegal construction on 06-02-2002. The petitioners being the officials deputed to execute such demolition order, carried out partial demolition of the property on 30-04-2002. In spite of the partial demolition being carried out, the said illegal construction was restored and continued. On 07-10-2002, the petitioners acting in accordance with the demolition order, demolished a room on the terrace of the third floor.

(2.) THE complainant, a resident of the house adjacent to the house of the owner, in consequence thereto, lodged a complaint with the police upon which an FIR was registered u/s 288, 336 and 337 of the Indian Penal Code ('ipc' for short) on account of the complainant receiving injuries from the debris that fell after the said demolition. On 28-01-2003, a charge sheet against the petitioners was filed and an order on charge and the show cause notice on charge dated 12. 11. 2003 was passed by the Ld. MM. It is this order on charge and notice on charge of the Ld. MM which have been challenged by way of the present revision petition by the petitioners.

(3.) A perusal of the impugned order shows that the view taken by the Ld. MM was that both the petitioners had acted negligently in pulling down the said property without taking due care and precautions to guard against any probable danger to human life, the result of which was that the complainant had received injuries from the debris that fell from the property. Hence, prima facie case for offences u/s 288/337 IPC was made out against the petitioners and notices were served on the petitioners.