Pinkibisht; Bandana Mishra; Kavita Mishra v. BSES Rajdhani Power Limited and Anr.

3. That on inspection oftheproperty in question and upon perusal of the record, the status of the actions as already taken /carried out by the Building Department —II, South Zone till date are entailed herein below i) The subject property identified as property adjacent 201-F-4, Ward No.2, Mehrauli which already stands booked vide file No. 432/UC/B-II/SZ/l[5] dated 29/07/2015 in the shape ofStilt to Groundfloor and further booked videfile No. 431/UC/B-II/SZ/2016 dated 02/11/2016for unauthorized construction in the shape of First floor to Third floor without sanction / permission from SDMC for taking the necessary demolition action u/s 343/344 of DMC Act. Upon following the due process of law in this regard, the necessary demolition orders also stand passed by the competent authority i.e the AE (Bldg), South Zone on 13/08/2015 and 08/11/2016 respectively. The copy of the demolition orders / notices in this regard are annexed herewith as Annexure-A (Colly). a) That furthermore, letter bearing No. D- 1213/AE(B)/SZ/15 dated 18/08/2015 u/s 344(2) of the DMCAct, has also been sent to SHO,PSMehrauli with the request that the said unauthorized construction be stopped immediately and workmen present at site / property in question be removed and construction material including the tools, machinery, etc. he seized. Copy ofthe said letters are annexed as Annexure-B. Hi) That besides this letter for disconnection of electricity and water supplyfrom the aforesaidproperty have been sent to the concerned authorities vide letter No. D/1214/AE(B)/SZ/15 dated 18/08/2015. Copy of the said letter is annexed as Annexure-C. iv) That, moreover, a letter bearing No. D/1215/AE(B)/SZ/2015 dated 18/08/2015 has also been sent to the Sub-Registrar with the request not to register this property underIndia Registration Act, 1908. Copy ofthe said letters is annexed asAnnexure-D. v) That besides this,prosecution action u/s 466-A of the DMCAct, has also been initiated against the owner /occupier ofthe subjectproperty and a complaintletter bearing No. D/1288/DC/SZ/15 dated 31/08/2015 has been sent to concernedSHO,PS Mehrauli. The copy of the said complaint is annexed herewith asAnnexure-E. vi) That in order to execute the aforesaid sealing / demolition orders already stands passed in respect of the subject property, a Vacation Notice bearing NO. 2841/AE(B)/SZ/2018 dated 10/01/2018 u/s 349 ofDMC Act, has also been issued and served upon the owner/. occupier ofthe property and a copy thereof has also been sent to SHO, PS Mehrauli to get the impugned premises /portion vacated. The copy ofthe Vacation Notice in this regard is also annexed herewith as Annexure-F. vii) Thatfurther it is also relevant to point out that in respectoftheproperty in question the necessary sealing proceedings u/s 345-A of DMC Act, have also been initiated and upon following the due process in this regard the necessaiy sealing order vide bearing No.319l/Seal/DC/SZ/bldg/2018 has also been passed by the competentauthority i.e Dy. Commissioner,South Zone/DMC on 23/04/2018. Copy ofsealing order in this regard is also annexed herewith as Annexure-G.

4. That further as per record pursuant to aforesaid demolition /sealing order already passed in respect ofthe instantproperty, the Department has also taken/carried out S.No. Date ofAction Action Taken I 20/09/2016 During the course ofdemolition action roofslab ofThirdfloor has been demolished and reinforcement cut by the gas cutter upon availability ofpoliceforce. 2 17/11/2016 During the course ofdemolition action roofslab ofThirdfloor has been demolished and reinforcement cut by the gas cutter upon availability ofpoliceforce. 3 23/04/2018 During the sealing action property has been sealed at Ground floor -03 points, First floor-04 points, Third floor-04 points upon availability ofpoliceforce, remainingportion could not be sealed due to occupancy ofowner/occupier, given undertaking to provide some more time to vacate the premises.

5. Thatfurther it is also stated that after taking demolition on 17.11.2016, sealing action was taken on the same date. However, seal affixed by the Department was found tampered with, and taking cognizance ofthe same, the matter for lodging complaint with the Police Authorities has already been initiated.

6. That it is also submitted that in order to take/carry out further action in respect ofthe subject mentioned property the Building Department-IIofSouth Zone/SDMC has again sent a Vacation Notice bearing No. D-498/AE(B)/SZ/2019 u/s 349 ofDMC Act, on 06/05/2019 with the copy ofSHO, Mehrauli to get thepremises/portion vacatedso thatfurther action in respect of the same could be taken accordingly. The copy of the letter in this regard are annexed as Annexure-H.

7. Thatfurther action in respect ofthe impugnedproperty will be taken / carried out during the monthly demolition / sealing program / schedule of the area in question upon availability ofpoliceforce.

8. That the letters for dis-connection of electricity and water connections are being sent by the Department in pursuance of Office Order No.D/891/Addl.Cm.(E)/2007 dated 13.12.2007oferstwhile M.C.D. to In view ofthe fact that the properties are unauthorized and action for sealing, demolition and vacation has been taken, the prayer made in these petitions seeking electricity connection caimot be granted. The petitions are dismissed.

V.KAMESWAR RAO,J