paid to the MCD as building plan fees, while getting the building plan
sanctioned.
22. It is further stated in the chargesheet that in pursuance ... along with Akil Ahmed, A.E.
(Building Plan) and Ovais Sabri, J.E. (Building Plan), inspected the
property No. 2747 2748, Gali Arya Samaj, Delhi
point B of Ex.PW4/E. PW4 also refers
to demolition plan Ex.PW4/F, site plan, area chart details, elevation sheet ... thereafter show cause notice and demolition
notice is to be issued. However no such rough sketch plan is required to be
drawn when the unauthorized
terrace. All the four
purchasers unauthorizedly and without sanction of building plan
constructed their respective portions on the fourth floor and the
construction was completed ... saving the unauthorized constructions of fourth floor of
the property from demolition.
5. Allegedly, recorded conversation revealed that unauthorized
construction was well within the knowledge
Demolition Order and the file used to be
marked to him {OI(B)}. Also, an entry was made in the Demolition
Register after the demolition ... Executive Engineer and the Deputy Commissioner used to prepare
a demolition plan and a complete monthly report of booking, sealing
and demolition of unauthorized construction
daily basis, was duty bound to chalk out the
demolition plan; the AE alone cannot be held responsible for
dereliction of duty; he had given ... used to be sent to the OI(B) for chalking out plan for
demolition. Before passing of the demolition orders, the files
used to remain
defence of appellant that act of
demolition of wall by the use of JCB was a planned action of PWD,
was never proved on record ... officials from PWD had categorically
deposed on oath that the action of demolition of the wall on 09.09.2016
was not that of PWD. Therefore
sanctioned the building plan without NOC
from office of L&DO. Thereafter, MCD revoked the sanctioned plan.
The complainant's case is that ... their common goal to get the building plan sanctioned.
After revocation of the sanction plan, demolition was carried out by
MCD. On that
petitioner,
duly approved layout plans for Bara Hindu Rao site and vide letter dated
17.12.1991 returned duly approved layout plans for Kishan Ganj site ... stated that vide letter dated 16.01.1992, MCD conveyed its approval to
demolition plans submitted by petitioner Company for demolition of existing
structures for its proposed
them in selling the basement and ground floor, in
getting sanctioned plan, demolition, solving all property disputes
and in entering into agreement dated ... broker in agreement dated 17.11.2005, having helped in
getting the sanctioned plan, in demolition and in solving property
CS No.345/11
Monika Arora
1989 the petitioner company submitted the Lay
out plan of the proposed complex at the DCM site, Bara Hindu Rao,
Delhi to the Municipal Corporation ... Vide letter dated 16/01/1992, the MCD also
approved the demolition plan submitted by the petitioner company
for the demolition of the structure
