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15)Shop No.19, New Market, Ramesh Nagar, New Delhi.

It is further alleged that Ajay Kumar Shrotriya made false notings that partial demolition of the properties had been carried out in pursuance of demolition orders passed in respective files. The fact that notings were false is stated to be corroborated on comparison with the entries made in demolition register maintained in MCD, demolition register of concerned police station, log books of the concerned vehicles of the MCD, the relevant letter of requisition for police force. It is further the case of prosecution that the enquiry also revealed that unauthorized construction files relating to above 15 properties were not taken out from the office of Officer In-charge (Buildings) {OI(B)} and entries were forged by Ajay Kumar Shrotriya having knowledge that no demolition had taken place.

It is also the case of prosecution that in the demolition register of PS Tilak Nagar, no entry of demolition action in respect of property in question was shown on 27.03.03 since MCD staff had not reported but an entry was wrongly reflected in the demolition register of MCD showing to have removed the chajja at SF in 16/23 Tilak Nagar. The aforesaid fact is also not spelled out in the charge sheet though during the course of arguments, the same has been contended in view of entry dated 27.03.03 made in the demolition register of MCD. It is further the case of prosecution that on 27.03.03, the log book of the vehicle maintained by the department showed that the vehicle was out of order and had been taken to Subhash Nagar workshop for repairs and, thereafter, returned back to West Zone.

(g) PW3 Shri S.S. Rana, Dy. Architect, CPWD and PW17 Shri Himanshu Pandey, EE, CPWD proved the report Ex.PW3/A which was prepared on inspection of property in question in 2008 reflecting unauthorized construction.

(h) PW6 Ct. Jacob Mathew deposed that he remained posted as Constable in P.S. Tilak Nagar from 2002 to 2007 and was deputed on dak duty which included handling of diary dispatch work and delivery and acceptance of dak to various offices. Further, he was also maintaining demolition register since he was attached with Reader to SHO. He further stated that the demolition register contained entries of dak received from MCD office regarding demolition of unauthorized construction and requirement of police force by MCD office.

(n) PW12 Shri Gurucharan Singh stated that he had purchased a shop in premises no. 16/23, Tilak Nagar somewhere in 2003 vide Sale Deed dated 19.09.03 (Mark PW12/A). He further stated that he had never received any notice from MCD regarding the property being unauthorizedly constructed nor any demolition action was taken by MCD after purchase of shop.

During cross-examination he clarified that he was not aware of proceedings prior to 19.09.03 since he was not in possession of property