MCD faces court's ire for seeking nod to file reply after 2-yr

A city court today came down heavily on MCD officials for delaying filing a response in a property dispute case, directing action against them and holding them responsible for most unauthorized construction and encroachments in Delhi.
It also said that such officials, who "brazenly chose to evade" timely response in the court, were also responsible for lengthy litigations pending in the courts relating to such construction and encroachments.
Additional District Judge Kamini Lau made the observations in a property dispute suit in which Municipal Corporation of Delhi (MCD), one of the defendants, which even after over two years of being served summons, moved an application seeking permission to file its statement.

The court dismissed the MCD application saying as per the provisions of Civil Procedure Code (CPC), a written response has to be filed within 30 days of the notice or a maximum of 90 days.
"I am dismissing the present application of the defendant (MCD) but not without ensuring that the official/officials who were responsible for non filing of the written statement on time are duly brought before the Commissioner MCD for necessary departmental action at his level under intimation to this court," the judge said.
Observing that timely response MCD officials could always prevent lengthy litigations, she said "I have no hesitation in holding that the officials of the MCD are the ones who are responsible not only for the most of the unauthorized constructions and encroachments in the city but also for the chunk of the lengthy litigations pending in the courts relating to such constructions and encroachments which could have been cut-short."

MCD, in its plea, said it could not file their written statement as there was some discrepancy in the plaint which had to be sorted out after physical observance of the disputed property and meeting several persons.
The court, however, said the ground raised by the MCD was "totally vague, non specific and unsatisfactory".
The court while dismissing the corporation's plea said MCD has failed to place any justifiable exceptional circumstances warranting its interference.