files to the concerned authorities
directly contributed to the non-execution of demolition orders.
The appellant's plea that he was hospitalized after signing ... retained the files
without any authority which resulted in non-execution of
demolition orders. It is alleged that this was done with an intent
subsequent demolition order dt. 13.06.91
and 28.10.91 but the unauthorized construction was not
demolished for want of police force. The said demolition order
was never ... respect to the
show cause notice as well as non execution of the demolition
order itself explains and it sufficient to show the state
accused V.K Jain (AE)
had passed orders for issuance of demolition notices in 12 cases;
demolition notices were prepared by Mohammad Ahmad ... Delhi and retained the files unauthorizedly which
resulted in non execution of demolition orders. This was done
with an intent to save the said properties
revisionist is aggreived only against the first order dated 02.08.2011 and
not against the second demolition order. Department proceedings were
initiated against the then junior ... opposed the revision
petition stating that the demolition proceedings were carried out in
execution of demolition order and demolition was carriet
received within
the stipulated time, therefore the matter was further processed
and demolition notice was issued and served upon the
owner/builder asking ... passed as per
law. It was stated that the execution of demolition order would be
carried out as per law. The defendant denied the other
respect to the show cause notice as well as non
execution of the demolition order itself explains and it is
sufficient to show the state ... partial action was taken but by way
of non execution of the demolition order, the MCD has failed to
take legal action against unauthorized construction
received within the stipulated time,
therefore, the matter was further processed and demolition notice was
issued and served upon the owner / builder asking ... been passed as per law. It is stated that the execution of demolition
order will be carried out as per law. The defendant has denied
Order 39 Rule 2-A CPC are as un-
der:-
(i) Disobedience of any objection granted or other order
made under Order 39 Rule ... there was no restriction upon DDA for any action/the
execution of demolition order.
9. With respect to the alleged fresh unauthorized con-
structions raised
shall be at
liberty to recover it through execution proceeding.
The impugned demolition order
bearing No. 24/UC/BI dated 09.03.2010 in respect ... would
be at liberty to take all necessary action in execution of the
demolition order dated 09.03.2010 in accordance with law,
subject to remedies
impugned order is based on
conjectures and surmises and devoid of merit. The action of the
respondent in passing the demolition order against the property ... there is every apprehension of execution
MDC Appeal No. 04/2013 Page No. 5 of 6
of demolition order dated 27.9.2013 in case injunction
