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Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made."

18. As it can be seen that even if assuming the plaintiff's submission that the windows in question were in existence prior to the coming of building bye­laws of 1983, but the DMC Act was in existence since the year 1957. It is clearly laid down in Section 332 Madan Lal Dawar Vs. Vipin Sharma Suit No.143/2013 Page No.7 of 9 that no construction of any building is allowed except with the previous sanction of the concerned authority. In this case, the plaintiff has not shown any sanction plan of his own building. On the other hand, the defendants have sufficiently shown that they had obtained a duly approved site plan from the MCD. Also perusal of Section 338 of DMC Act, 1957 shows that a sanction obtained under mis­representation or concealment is liable to be cancelled.