Cc No. 1800/1 Mcd vs . R.C. Gupta 1/13 on 6 October, 2012
26. Though Ld. AMP for MCD relied upon two judgment of Hon. High Court of Delhi
titled as MCD Vs. Bhujbir Singh dated 17.01.1997 and another titled as Surender Singh
Vs. MCD dated 30.11.2011 while arguing that ownership was irrelevant i.e. MCD was not
required to prove that the accused was owner of the premises in question. However I do
not agree with the Ld. AMP for MCD. Firstly both the above rulings were regarding
unauthorized construction wherein the liability is affixed on the person carrying on the
construction in contravention of the building by laws. Secondly, if not the ownership then
alteast MCD was expected/bound to prove that the accused was somehow related to the
property/premises in question i.e. either as a landlord or a tenant or a licensee etc. Unless
the accused is connected with the property no liability can be affixed upon him.