Court dismisses plea challenging MCD sealing of property

The court's order came on a plea by Delhi-resident Mahender Kumar Bansal who had approached the court saying the Municipal Corporation of Delhi (MCD) did not serve any notice to him before sealing his property despite his willingness to rectify the problem.

District and Sessions Judge Sunita Gupta dismissed his plea saying the MCD had given him the concession to get the deviations from building bye-laws regularised but he did not act upon it and violated his undertaking to the civic agency by selling some portions of the property to others.

"He (Bansal) himself was seeking the concession from the MCD to carry out rectification of non-compoundable deviation as well as from the court and despite the fact that such concessions were granted to him from time to time.....(he) rather violated the undertaking given by him whereby he sold the property to various other persons.

"Under the circumstances, the appeal is absolutely devoid of any merit and is accordingly dismissed," the court said.

Bansal told the court that his property, situated at Bazar Sita Ram here, was built decades ago and had become dilapidated and on complaints by local residents, the MCD issued a notice on October 28, 2007 asking him to demolish its dangerous portion.

He said after receiving the notice, he sought permission from the MCD to carry out necessary repairs and in December 2007, he started the repair work but on February 28, 2008, the civic body ordered him to stop the work. (More)