Indian Express 18.11.2009

Realty company to pay MCD for false case

A trick too many proved costly for a realty company, with the Delhi High Court ordering it to pay Rs 2 lakh to the Municipal Corporation of Delhi (MCD).

After getting a de-sealing order for a building in Safdarjung Enclave, the firm resumed unauthorised construction. When the MCD found out, it obtained a sealing order from the Lieutenant-Governor.

The company immediately applied for a second de-sealing order, that too with the L-G’s office. When the application was dismissed, the builder approached the High Court.

The game was, however, over when MCD counsel Sanjeev Sabharwal recounted the story before Justice Gita Mittal, who took a stern view of the fact that many “precious” court hours had been wasted on the false case of the builder.

“The MCD deserves to be compensated for the costs as well as judicial time,” Justice Gita Mittal said in her order.

“Petitioners (Chiranji Properties Private Limited and its director) shall pay an amount of Rs 2 lakh to the MCD,” the court directed. “The application was rejected by the L-G because the petitioners took advantage of the earlier de-sealing order for his property. The property was de-sealed to give an opportunity to rectify, but only led to another unauthorised floor being added,” Sabharwal submitted.

The matter is posted for hearing on March 26 next year.