Document Fragment View

Matching Fragments

14)A-5/11, Paschim Vihar, New Delhi.
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, CC 118/11 (RC 1/07) CBI vs. Ajay Kumar Shrotriya & Anr. 3 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.

Investigation further disclosed that this property was falsely and intentionally shown to have been demolished on 3.12.2002 as per the entry made by Sh. A.K. Shrotriya on the demolition register maintained by the MCD. It was further shown that demolition had been undertaken by removing the chhajja. A.K. Shrotriya, JE entered in demolition file on 3.12.2002 that regarding property No.423/03 action had been taken but as per missilbe bund register the said property in the name of M-26, Kirti Nagar, the said area is under the jurisdiction of Sh. Sulaiman Khan, JE. During investigation has been revealed that Sh. A.K. Shrotriya, JE falsely entered in demolition register on 3.12.2002 in the property No.423/02. The actual booked against property No.406-R, Janak Park was in the jurisdiction of Ajay Kumar Shrotriya.

He stated that no notice had been ever received from MCD regarding unauthorized construction in the property nor any demolition action had been taken by MCD.

(n) PW14 Inspector N. Mahato deposed that on 23.01.2007, he was posted at EOU-VI, New Delhi as Inspector and was entrusted with the investigation of complaint dated 23.01.2007 which was enquired at preliminary stages by SI Arvind Kumar and thereupon it was entrusted to him under the signatures of the then SP Shri A.K. Ohri at point A on FIR dated 23.01.2007 (Ex.PW14/A). Further, FIR was accompanied with the complaint of SI Arvind Kumar dated 23.01.2007 (Ex.PW12/A) vide which he was asked to investigate regarding unauthorized construction and demolitions carried out by accused A.K. Shrotriya during his posting in building department west zone of MCD New Delhi.

g) It was also submitted that it had come up on record in several cases that even the JE could visit the property in question for taking demolition action against the unauthorized CC 118/11 (RC 1/07) CBI vs. Ajay Kumar Shrotriya & Anr. 26 construction without police force and with the available staff of MCD.

It was also submitted that the entries made in the demolition register at PS Hari Nagar reflecting the demolition action on 03.12.02 in L-Block, Anand Vihar and WZ-33, Virender Nagar, Scooter Market did not lead to an inference that the action had only been taken in two properties since the concerned official at PS Hari Nagar who had made the entries had not been examined and it was generally reflected in the register in other entries that the demolition had been carried out or could not be carried out without reflecting the property numbers. It was further submitted that as per entry dated 03.12.02 in the demolition register of MCD, demolition had been reflected in other properties apart from SL-7L, Hari Nagar and WZ-33, Virender Nagar but the same had not been challenged by the investigating agency though the same are also not reflected in the demolition register maintained at PS Hari Nagar.