The Hindu : New Delhi News : MCD officer, individual fined for false pleas

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Wednesday, Feb 27, 2008
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New Delhi

MCD officer, individual fined for false pleas

Staff Reporter

Matter reached High Court following sealing of property by civic body

NEW DELHI: The Delhi High Court has fined the veterinary officer of City Zone of the Municipal Corporation of Delhi and a private individual Rs.25,000 each for not complying with its directions and making false pleas about ownership of a property in Sadar Bazar in North Delhi.

Imposing the fine, Justice Gita Mittal said: “The officer and the private person, Naseem Pathan, shall be liable for punitive costs which in the present matter are quantified at Rs.25,000 each, which shall be apportioned by them between the Delhi High Court Legal Services Authority and the Delhi High Court Mediation Centre.” The judgment came on a petition by Gulzar Ahmed, co-owner of the property in question with Pathan at Quresh Nagar in the Sadar Bazar area. The matter reached the High Court following sealing of the property by the civic body on the ground that Gulzar Ahmed was running a meat shop in a residential premises in violation of the building by-laws. However, the civic body decided to de-seal the property when Ahmed challenged it in the Court. The Court asked it to de-seal the property. However, it refused to honour it. Later, Pathan filed an application for recall of the de-sealing order.

The Court on his application ordered that the MCD would not de-seal the property until its ownership was proved. Counsel for the MCD also submitted in the Court that the order for de-sealing the property could not be given effect to due to the new order. In the meantime, the MCD all of a sudden issued an order for de-sealing the property in favour of Pathan.

Quashing the MCD’s de-sealing order, the Court said: “It was based on no material whatsoever and is wholly without jurisdiction and illegal.” .

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