CHATTARBHUN Vs. MUNICIPAL CORPORATION OF DELHI

JUDGEMENT

(1.) The petitioner has filed this civil contempt petition, alleging non-compliance with the directions given by a learned Single Judge of this Court, while disposing of Writ Petition No.3853/95. Learned Single Judge while disposing of the said writ petition, directed respondent Nos.1 and 2 to perform their statutory duties by taking appropriate action in accordance with law to demolish the unauthorized construction in the building in question within a period of eight weeks from the date of order i.e. 24.5.1996.

(2.) . The property in question is House No.EA-114, Inder Puri, New Delhi. The petitioner is stated to be the original owner. The Intervenors are stated to be in possession of first and second floor and claim to have purchased the same.

(3.) . After the order was passed in the writ petition, Intervenors filed LPA No.134/96, before the Division Bench, where it was contended by the appellants/Intervenors that the petitioner himself had raised unauthorised constructions on ground floor but was complaining of unauthorised constructions on first and second floors. The LPA was dismissed. During the course of proceedings, with a view to avoid technical objections on the non-service of show cause notice, a fresh notice by MCD was served in Court. Pursuant to the said show cause notice, demolition order was passed on 31.7.1996. The said demolition order was challenged in an appeal before the MCD Appellate Tribunal by the Intervenors. Before the MCD Appellate Tribunal, the Intervenors gave their statement that they are ready to remove the excess coverage and keep only the permissible area plus area which is within the compoundable limit. The Intervenors further undertook to remove the non compoundable deviations within two months from the date of inspection by the Junior Engineer.