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1 - 10 of 25 (0.27 seconds)Section 343 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Mr. Laxman Singh Rawat vs New Delhi Municipal Council on 18 January, 2010
2. The case of the plaintiff before the Ld. Trial Court was that
she is the owner of built-up property bearing flat no. 3, Plot no.
54A, 55, 56, 3rd Floor, Raja Puri, Uttam Nagar, New Delhi
(hereinafter referred to as "the suit property"). She stated that
she had purchased the suit property from defendant no.3/Nitin
Grover vide a registered sale deed on 19.06.2017 and defendant
no.3 had assured that the suit property was free from all kinds of
encumbrances, legal flaws, litigation, notices, attachment, etc. It
is stated that defendant no. 2/Executive Engineer, MCD issued
an unnamed notice under Section 349 of the DMC Act, which
was pasted on the gate of suit property on the evening of
17.05.2023. It is stated that as per the said notice, the suit
property was found to be in contravention of Section 346 of
DMC Act and directions had been issued to vacate the suit
property within 24 hours. It is stated that defendant no.
4/Surinder Kaushik was the erstwhile owner of the suit property
when the demolition and sealing order of the suit property were
passed in the year 2011-12. It was the case of the plaintiff that
defendant no.1/MCD and defendant no.2 had acted in complete
contravention of law by issuing such unnamed notice. It was the
case of the plaintiff that she did not know that the suit property
RCA DJ ADJ 72/2023 Laxmi Rawat vs MCD & Ors page 2/7
had been booked under Section 344 and 343 of the DMC Act or
that show cause notice had been issued to the earlier
owner/occupier/builder and a demolition order had been passed
on 01.11.2011. Hence, the suit had been filed seeking a
declaration that the notice issued under Section 349 of the DMC
Act was null and void, for permanent injunction restraining
defendant nos. 1 and 2 from executing/ continuing in furtherance
of the notice under Section 349 DMC Act and for permanent
restraining the defendants from taking action for vacation of the
suit property, amongst other reliefs.