Delhi High Court - Orders
Rohit Gahlot vs Dev Kumar Executive Engineer & Ors on 21 January, 2021
Author: Najmi Waziri
Bench: Najmi Waziri
KAMLESH KUMAR
21.01.2021 22:54
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 578/2020
ROHIT GAHLOT .....Petitioner
Through: Mr Sanjeev Kumar, Advocate.
versus
DEV KUMAR EXECUTIVE ENGINEER & ORS ..... Respondents
Through: Mr.Pawan Mathur, Advocate for
DDA.
Mr Dhanesh Relan, SC for R-1.
Mr.Anand V.Khatri, Advocate for R-
3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 21.01.2021 The hearing was conducted through video conferencing.
1. The DDA says that it has no role to play in this matter. Well then, let it sit back and watch the proceedings.
2. The under-construction property was sealed by the South Delhi Municipal Corporation ('SDMC')/R-1 thrice over, but each time, the builder/Joginder Nath broke open the seal and continued with the construction. The Court is informed that now the building has been completed. Photographs regarding the present status of the building have been filed to show that a large structure has been completed and that cars are parked inside. How this came about is not shrouded in mystery because for each time that the seal was broken, an FIR was registered. For the FIR registered in 2019, the charge-sheet has been filed.
3. The Court is informed by the learned counsel for the SHO/R-3 that for the second and third breaking of the seal, the offending party/Joginder Nath was fined Rs.600/- each time, and the matter thereafter was disposed-off. Prima facie, the case would require to be looked into because the offender has repeated the same offence thrice over, i.e. breaking the seal put on an unauthorised building by a statutory body
-- the Municipal Corporation. Let an affidavit be filed within two weeks, along with relevant records, with the prior approval of the DCP of the area concerned.
4. Mr Dhanesh Relan, the learned Standing Counsel, accepts notice on behalf of R-1/SDMC. An e-copy of the petition has been supplied to him by the petitioner during the course of proceedings. Reply be filed within two weeks. Rejoinder be filed before the next date.
5. Renotify on 20.05.2021.
6. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J JANUARY 21, 2021/rd