Indian Kanoon - Search engine for Indian Law

4 Sh. Ram Kumar Gupta (PW1) has proved the Circular dated 16.12.2003 as Ex.PW1/A, according to which, building activities in the zone were regulated. He stated that if any person desires to carry out construction, he has to file the Building Plan Application and after scrutiny, if documents are found in order, sanction is accorded by the Competent Authority. It was the duty of the area Engineer to detect and take action regarding deviation against the sanctioned Building Plan. He also stated that whenever any unauthorized construction is detected, Junior Engineer has to prepare an FIR which is to be placed before Assistant Engineer. Thereafter, show cause notice is issued and entries are to be made in Misalband Register. Show cause notice is served on defaulting owners/builders. After expiry of period of show cause, the AE passes order for demolition.

20 It has been argued by Ld. counsel for accused C.B. Singh that there was no criminal conspiracy between accused persons as the construction allegedly raised by accused Rajvir Singh was raised prior to the period of posting of accused C.B. Singh in the area. He has further argued that accused C.B.Singh had not caused any pecuniary advantage to his co­accused Rajvir Singh. Ld. Counsel for accused Rajvir Singh has argued that CBI has not led any convincing evidence to prove that there was a prior meeting of minds between the accused persons for entering into a criminal conspiracy. 21 To prove its case, prosecution has examined PW1 Sh. Ram Kumar Gupta who deposed that he joined MCD as Junior Engineer in 1983 and was promoted as Assistant Engineer in 2003 and was posted in Building Headquarters. He deposed that the duties of the engineers posted in Building Department are to ensure the building activities within the permissibility applicable norms and law in their jurisdiction. The building activities in a zone are regulated as per Manual of Instructions for unauthorized construction issued vide Circular dated 16.12.2003 Ex.PW1/A. He further deposed that for sanction of Building Plan, a person who desires to carry out construction has to file a building plan application with MCD. If the application is found in order, sanction is accorded by the Competent Authority. He further deposed that as regards deviation against sanctioned building plan, it is the duty of Area Engineer to detect and take action as per law. He further deposed that whenever any unauthorized construction is detected in contravention of provisions of section 332 of DMC Act, Junior Engineer has to prepare an FIR and then to place it before Assistant Engineer. A show cause notice under Section 344(1) and 343 of DMC Act is prepared by Junior Engineer and same is placed before Assistant Engineer for approval. Before issuing show cause notice, entry of FIR and notices shall be made in Misalband Register. After serving of show cause notice and on the expiry of the period, Assistant Engineer would pass order for demolition under Section 343 of DMC Act. He further deposed that for taking demolition action, demolition programmes are fixed and police authority is requested to accompany the demolition squad. 22 During cross examination, he stated that his statement was based on information derived from various circulars Ex.PW1/A and other circulars issued from time to time. He has further stated that JE is the Incharge of his zone. He further stated that Junior Engineer is duty bound to inspect the area to find out the construction and then to verify whether it is sanctioned or not. The Junior Engineer is given the responsibility of ward including all sorts of construction whether it is sanctioned or not. He further stated that the procedure to be followed in authorized colony or unauthorized colony is the same.

41 To prove the allegations, the prosecution has examined PW­1 Sh. Ram Kumar Gupta who deposed that duties of Engineers posted in Building Department are to ensure the building activities within the permissible applicable norms. He further deposed that building activities in a zone are regulated as per Manual of Instructions for unauthorized construction issued vide circular No. D/38/EEBHQ­G/03 dated 16.12.03 Ex.PW1/A. He further deposed that for sanction of Building Plan, a person who desires to carry out construction has to file a building plan application with MCD. If the application is found in order, sanction is accorded by the Competent Authority. He further deposed that as regards deviation against sanctioned building plan, it is the duty of Area Engineer to detect and take action as per law. He further deposed that whenever any unauthorized construction is detected in contravention of provisions of section 332 of DMC Act, Junior Engineer has to prepare an FIR and then to place it before Assistant Engineer. A show cause notice under Section 344(1) and 343 of DMC Act is prepared by Junior Engineer and same is placed before Assistant Engineer for approval. Before issuing show cause notice, entry of FIR and notices shall be made in Misalband Register. After serving of show cause notice and on the expiry of the period, Assistant Engineer would pass order for demolition under Section 343 of DMC Act. He further deposed that for taking demolition action, demolition programmes are fixed and police authority is requested to accompany the demolition squad. 42 PW­2 Sh.V.K.Gaur, Officer Incharge(Builing), MCD Shahdara South Zone, has also deposed that booking of unauthorized construction is done by the Junior Engineer. First FIR is registered by the JE who sends it to the Office Incharge(Building) for making entry in Mislband Register which becomes FIR No. Issue of show cause notice and subsequent proceedings are the work of JE and AE. After entry in Mislband Register, FIR is sent back to JE for taking further proceedings. In case of demolition, file is handed over to JE. 43 PW4 Sh. Sushil Kumar, Superintending Engineer, MCD, has also deposed that it is the primary duty of the JE(Building) to visit his ward and detect unauthorized construction. On detection of unauthorized construction, JE(Building) registers an FIR and then show cause notice is prepared by him. Thereafter, file is sent to Office Incharge(Building). If demolition is to be carried out, file is handed over to JE(Building) for taking further action. 44 I have gone through the office order dated 16.12.2003 Ex.PW1/A issued by the office of Commissioner, MCD. With regard to unauthorized construction, duties of Junior Engineer are clearly defined that on detection of any unauthorized construction, an FIR is to be prepared by the Junior Engineer. Then, he is to place the FIR before AE. A show cause notice under section 344(1) and 343 of the DMC Act should be prepared by the Junior Engineer and be placed before AE for approval. Entry of FIR and notices should be made in the Mislband register. The Junior Engineer is also to serve the show cause notice.