Delhi District Court
Sh. Qutubuddin vs Delhi Urban Shelter Improvement Board on 4 April, 2018
IN THE COURT OF SHRI TALWANT SINGH
DISTRICT & SESSIONS JUDGE (HQs)
TIS HAZARI COURTS, DELHI
CNR No.: DLCT010001192010
CNR No.: DLCT010002112010
MCD Appeal No. 3030/2016
MCD Appeal No. 3052/2016
Bhupinder Singh
S/o Sh. Suchet Singh
Through his Attorneys
Sh. Aijazul Haq Ansari
S/o Sh. Abdul Haq Ansari
R/o 857, Katra Hiddu, Farash Khana
Delhi.
And
Sh. Qutubuddin
S/o Sh. Sirajuddin
R/o 957, Gali Chahsheerin
Farash Khana, Delhi. .....Appellant
Versus
Delhi Urban Shelter Improvement Board
Through its Chairman
Vikas Kutir, I.P. Estate
New Delhi. .....Respondent
MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 1 of 6
Date of filing of Appeal : 30.03.2010 Date of reserving Order : 19.03.2018 Date of Order : 04.04.2018 ORDER ON APPEAL UNDER SECTION 347D OF THE DELHI MUNICIPAL CORPORATION ACT, 1957 Vide this common order, I shall dispose of both the appeals bearing MCD Appeal No. 3030/16 & 3052/16 as in these appeals sealing order and deemed demolition order were challenged before AT:MCD and AT:MCD vide common impugned order dated 25.03.2010 dismissed both the appeals as well as application under Section 5 of the Limitation Act. It is against that order of AT:MCD dated 25.03.2010, the present appeals have been filed under Section 347D of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the DMC Act).
2. Notice of the appeal was issued to the respondent and record of DUSIB was summoned.
3. I have heard Ld. Counsel for both the parties and perused the record.
4. It has been submitted by Ld. Counsel for the appellant that since the property in question was quite old and it required urgent repair, same was carried out; the repairs do not require sanction of any authority as it is not a violation of building byelaws. No show MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 2 of 6 cause notice was served on the appellant before sealing the property in question and issuing demolition order in respect thereof. The condonation of delay application of the appellant should have been allowed as the reason for the delay was duly explained in the application. It is prayed that both the appeals may be allowed.
5. On the other hand, Ld. Counsel for the respondent/MCD has submitted that the property was neither sealed by the MCD nor the demolition order was passed by it. Action was not taken as per DMC Act, hence, the MCD has no power to deseal it. It is further submitted that the action of sealing and demolition was initiated by the DUSIB.
6. Ld. Counsel for the DUSIB has submitted that the appeal of the appellant against sealing order was dismissed on the ground of limitation and another appeal against the purported demolition order was beyond the purview of Section 343 & 345B of the DMC Act as the public land was grabbed. Earlier the property was owned by the Slum Department of the MCD and DUSIB came into being in 2010. Property belongs to DUSIB, appellant is a tresspasser; all rights of property are with DUSIB. There is nothing wrong in the sealing and demolition order.
7. In this case, vide order dated 19.11.2015 passed by Ld. Predecessor, Delhi Urban Shelter Improvement Board (DUSIB) was substituted in place of MCD.
MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 3 of 68. In this case, property No. 830, Ward No. VII, situated at Katra Hiddu, Farash Khana, Delhi, which was under the management and control of Slum & JJ Wing of MCD and was owned by it, which has now been taken over by DUSIB. Earlier one Satyapal was a tenant in the said property, who handed over possession of this property to the appellant on 10.04.1979; the appellant applied for regularisation of his tenancy in respect of this property, which was accepted vide letter dated 31.03.1999 on deposit of a sum of Rs.1,10,880/, which he deposited. Since the property was old one and was in dilapidated condition and required repairs so the appellant carried out repairs without making any addition or alteration in existing structure in the year 2008. One Mod. Sadiq filed a suit for injunction against the attorney of the appellant on 03.10.2009. On 17.11.2009, appellant was out of station and officials of the MCD came to the property in question and sealed it without serving any show cause notice or sealing order. The appellant filed appeal before AT:MCD against the sealing order and when said appeal was listed on 25.02.2010, the appellant came to know that respondent had already passed a demolition order in respect of the property without serving any show cause notice or affording an opportunity of being heard. Hence, appeal was also filed against demolition order also. In both the appeals application under Section 5 of the Limitation Act was also filed. Condonation of delay applications as well as both the appeals MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 4 of 6 were dismissed vide common impugned order dated 25.03.2010 passed by AT:MCD by observing that unauthorised construction had been carried out in the property after grabbing substantial portion of pubic land and persons at whose instance unauthorised construction was raised are Aijazul Haq Anssari & Qutubuddin, attorneys of the appellant.
9. It is admitted case of the appellant that property was owned by Slum & JJ Wing of the MCD ( now DUSIB). As per record, the property in question consisted of ground floor and first floor ( 26 sq. meter commercial area + 25 sq meter residential area). But the appellant raised unauthorised construction to the extent that total area of unauthorised construction has been now shown as 146.05 sq. meters, which shows that a large area of public land was grabbed. Even the record reveals that said property was sealed on 17.11.2009 but the main gate of the property was removed by the occupants to avoid sealing of the gate, but the gate was sealed by fixing the cord in presence of police force. As per noting dated 09.12.2009, the property was again sealed in presence of police force. As per approval given by Director (Property) and Addl. Commissioner ( Slum & JJ), an FIR was got lodged against Aijazul Haq Ansari and Qutubuddin for tampering the seal.
10. Present appeal has been filed under Section 347D of the DMC Act which provides for filing of appeal before Administrator MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 5 of 6 (District Judge) against order of Appellate Tribunal made in an appeal under Section 343 or Section 347B of the DMC Act, confirming, modifying or annulling an order made or notice issued under this Act. However, in this case no sealing of the premises in question was done by the MCD under the provisions of DMC Act nor any demolition order was passed thereunder. Hence, even Ld. AT:MCD did not have jurisdiction to entertain the appeal against the sealing order and demolition order passed by DUSIB. Since no action was taken in this case under the provision of DMC Act, this court also does not have jurisdiction to entertain the present appeals. Accordingly, both the appeals are dismissed being not maintainable. A copy of this order be also kept in MCD Appeal No. 3052/2016. Record of DUSIB be sent back along with copy of the order.
File be consigned to record room.
Digitally signed by TALWANT TALWANT SINGH
SINGH Date: 2018.04.06
16:09:03 +0530
Announced in the open Court (TALWANT SINGH)
Dated: 4th April, 2018 District & Sessions Judge (HQs)
Tis Hazari Courts : Delhi
MCD Appeal 3030 & 3052/16 Bhupinder Singh v. Delhi Urban Shelter Improvement Board Page 6 of 6