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m.c.d - Interest of public , justice and Govt Revenue

 
3 Reviews
User
  puppal
Subect= Contempt of Delhi High and Supreme court, Infringement of Fundamental rights, Revenue loss’s in 1000 crore’s to center and state government, sheer harassment to public , making policy’s contrary to fundamental right , bylaws and court orders and Direction in order in order to harass people and in order to get wrong full gains and Criminal act under I.P.C 166,167,418 , 120 B and other provision of law Against M.C.D officers, In the Office of Additional Commission ( Engineering )R.k Srivastava and Its below officers
Respected Sir
This is inform /complaint to you M.C.D Officers are Disobeying Direction and Orders of Delhi High court n Supreme court which also amount to contempt of Court, and is infringing fundamental right of people , and also giving Revenue losses to Govt of Delhi and center government as they are making a new policy contrary of FLOOR WISE SANCTION AND REGULARIZATION which is contrary to fundamental rights , bylaws and court orders and Direction in order to harass people and in order to get wrong full gain which is also a criminal act in the following way:-
Sir Circular No.PSO/CO-172/2006 Dt 05/12/2006 was issued By Commissioner of M.C.D Mr.Ashok Kumar (ANX 1 ) in which all officers concerned working in the building department at head quarters and at zonal level to take a note of Judgment delivered by the Honble High Court so that unnecessary litigation to this count could be avoid as what was held by the Hon’ble Courts became a law :-
It was held “Once the property is segregated into different portions and mutated accordingly, there cannot be any requirement of all the co-owners to sign the building plans. If the plot and the building are both co-owned, then only the requirement for such co-owners to sign may at all arise. The segregation of interest of the different co-owners is recognized by the respondent Corporation by mutation of the different portions in individual names of different persons. The fate of an individual owner cannot be dependent on the pen of persons, who happens to the owner of a different portion of the building. Thus, there cannot be any requirement of signatures of all the co-owners.”
More over the first 2nd line of the judgment By Devision bench Delhi High court Honble Chief Justice Madan B Lokur J, L.P.A 2008/2005. “The appeal is an example of how a citizen can be compelled to litigate due to sheer harassment by officers of the State “
The Honble courts when in to all details to give the above said judgment
Even in the judgment W.P Civil no 3280/2004 ) (Copy attached ) it was observed by the Judge para no 13 sub point 1 ,
“There can be more than one owner , in respect of property; it also includes a group of individuals , any person , in order to be called an owner must be one in whose favor the property stands in the municipal records . Therefore, If in respect of a floor, or a flat/unit in a building, there is only one person whose name figures in the municipal records, he is deemed to be the owner “
In Para No 16 ”Apart from such criteria being arbitrary, it might also amount to depriving meaningful use and enjoyment of property, without authority of law, and thus being violation of ARTICLE 300 A of the CONSTITUTION OF INDIA”
And other finding can be gone thru in the Judgment attached
Even After this Officers of building department of M.C.D tried to harries people by saying get signature’s of all the person in the plot/building for sanction or regulation of one floor which is totally illegal just so that they save there skin, continue there illegal activity, suppress peoples fundamental rights and other rights, misguide them for keeping time for more lucrative works, etc
After this a new policy was formed by the Office of the Additional commissioner ( Eng.) Dt .19/01/2009
This Policy was framed in such a way, That no floor/terrace owner can get sanction or regularized his floor or terrace because the terms in the said policy were very unrealistic and illegal it was made by the building department because they intentionally didn’t wanted to obey the HOBLE COURTS ORDERS AND just wanted to make a policy so there skin is saved and people are harried for there wrongful gains
Sir Again by Direction /Orders of various court The said policy was kept in abeyance Wide Circular No.27/Addl. Comm.Engg/2010 Dated 22/03/2010 Of Additional Commissioner (Engineering) M.C.D Mr.R.K Srivastava
The Second Para of the said circular states “The Cases of Floor Wise sanction or regularization shall be entertained on case to case basis on merit after ensuring the compliance of provision of Building bye laws 1983 , Master plan 2021 , Structural Safety and other Zoning regulation without insisting upon signature of owners of other portion(s) of the property in view of the orders /directions of courts “
Sir even after this the Officers in M.C.D Building department at Zonal Level and Head quarter they don’t even accept the file and even if they accept the file then also don’t sanction the building plan just take out faults in floor wise sanction and regularization as is it not lucrative for them etc
But Now even after Circular No.27/Addi.Comm.Egg/2010 Dt 22/03/2010 The Additional Commissioner Officer and there Policy maker’s subordinate officers are Framing a police which is TOTALLY ILLEGAL , CONTRARAY TO LAW ,CONTEMPT OF COURT
which amounts to :-
1) Contempt Of Honble High Court and Supreme Court
2) Infringement of Fundament and Constitutional Right of people
3) Depriving meaningful use and enjoyment of property being violation of Article 300-A of the Constitution of India
4) Harassing people so they get wrongful gains
5) Giving Delhi, Center government and M.C.D it self revenue losses of Rs.10000000000/(TEN THOUSAND CRORE) more or less at least by:-
a) If there is Floor wise sanction or regularization is done then the people whose property is sanctioned or regularized they have to Deposit Regulation fees and addition F.A.R Fees which comes into lacks of Rupees , For In example there are 5,00,000 Floor owner who wants to construct 2nd floor or 3rd floor on there terrace they apply for building plan or regularization for each application the sanction fee/ Addition F.A.R Fee would come uptoRs.10,000,00( Ten lacks ) or Rs.15,000,00 (Fifteen lacks) on a lower side if we take a average Of Rs.2,00,000/- Two lacks only per application
Then for argument sake Government of Delhi , Center and M.C.D it self is loosening about 200000*500000=Rs.10000000000/- (Rupees ten thousand crore ) THAT IS A HUGE REVENUE LOSS JUST BECAUSE OF FEW BUILDING DEPARTMENT OFFICER /OTHER OFFICER WHO ARE MAKING THIS NEW POLICY FOR FLOOR WISE SANCTION AND REGULARIZETION WHO DON’T WANT TO WORK IT IS NOT FEASIBLE
b) Every floor which could be constructed after floor wise sanction that would also give government Taxes of various kind
6) If Floor wise sanction is done, which is allowed by law and also upheld by Hon’ble Delhi High Court and Supreme Court then that would also Generate Direct and Indirect employment
7) It would also help in the housing Problem of Delhi, as The government has already increase the F.A.R. and Dwelling Units then it is saturate that a Terrace owner /Floor Owner can Construct his house in a approved plotted colony after getting building plans sanctioned which the said building department of M.C.D is not doing and is going against the law’s and merits
8) The SAID new policy which IS STILL BEING FRAMED by M.C.D is contrary to the law which is practiced in Delhi The Transfer of Property Act 1887, from which a sale-deed is executed and then the mutating of floor /terrace is done in M.C.D records and then the person get all Right title and interest transferred in the said property including construction rights so he has all the right to construct more floor over , M.C.D Building plan sanction is just a byelaw which need to be followed for consumption of F.A.R and if F.A.R is available in the building and M.C.D cannot go against a right of individual ,fundamental right , DELHI HIGH Court observation and findings or people in general
Sir even after all above stated and documented facts THE M.C.D Officer of Building Department and Additional Commissioner (Engineering) is MAKING A New Policy for Floor wise sanction and Regularization WHICH totally Contrary to the Court Directions/Order, Byelaws, General practice, other laws, Fundamental rights, Individual rights, WHICH AMOUNTS TO HUGE REVENUE LOSSES, all the above state point AND EVERY OFFICER SINGING THE SAID POLICY WOULD BE LIABLE FOR CONTEMPT OF COURT’S , PROVISION UNDER CORRUPTION ACT , I.PC, INFRIGHTMENT OF FUNDAMENTAL RIGHT AND INDIVIDIAL RIGHTS AND OTHER LAW
More OVER TO SAVE THERE SKINS they say they have taken the advice of solicitor general, which is nothing but gimmick to make the policy look genuine, coz solicitor general is government counsel he would give advice what the said officer wants and what information they have provided.
Sir I request you in the interest of public, interest of justice, protection of the Fundament right and to see that THAT there is no CONTEMP of Court by the said new policy which is being framed which they clam they have sent to Hon’ble L.G Office and the meeting is due ON 3rd WEEK OF JUNE 2010 for comments and further order:
A) With Imm. Effect Give Direction to M.C.D to stop making the said policy as it is not required as circular no.27/Addl.Comm.Egg/2010 dt.22/03/2010 is self sufficient
B) All Officers at Headquarters and All D.C Should take a note of the above said points, Judgments and Circular No.27/Addl.Comm.Egg/2010 dt.22/03/2010 and Start Sanctioning Floor wise building plan and Regularization plan
C) RESPECTED HON’BLE L.G Shri Tajendra khanna ji , Mr K.S Mehra Commissioner and Addition Commissioner Engineering Should personally take up the matter and see There is NO CONTEMP OF COURT and Disobeying The court order
D) The said new policy should not be notified or come into action as the said policy is contrary to all the above said point /court orders, Direction and laws
E) TO see the said new policy is simple in a form of SELF attested sanction plan or regularization plan which is being practiced in neighboring state like Haryana and U.P for public in general so that they don’t get harassed by M.C.D Officer OR ANY OTHER SIMPLE POLICY
F) ANY OTHER FAVORABLE DIRECTION IN THE INTREST OF JUSTICE AND PUBLIC AT LARGE

THANKING You
Purnima
Mrs.Purnima Uppal &G.G

Email =P.Uppal@minister.com
Complaint comments 2 Comments     Updated:
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A Mar 20, 2011 by
User
okhla123  
 
I would like to brief you before our meeting tomorrow. We are the joint owners of the building E-72 NDSE Part I, New Delhi 110049. The building was originally sanctioned by the MCD Central Zone for basement, ground, first and second floors. The owner of second floor Mr KC Dhawan sold the terrace rights of his floor i.e. the second floor to Ravinder Chaudhary and his brothers on 25.04.2001. The third was never allowed and even in MPD 2021 the third floor is allowed only if the FAR is below 350 as our plot size is 162 sq mtrs.
Now as Mr Ravinder Chaudhary has constructed illegally the third and partial fourth floors the FAR has gone above the specified and allowed 350 under the MPD 2021. We have been sealed because of the third and partial fourth floor in the building. Now the most shocking part is that all the lower floors which are legal have been sealed by the MCD. The illegal portion of the building i.e. the Third floor and the partial fourth floor and the mobile tower on top of the third floor which too is illegal have not been sealed for reasons best known to MCD.
Sir I would also like to bring to your notice that the same problem is there in the buildings H-68, H58, H59 and H60 of NDSE part I . The method is exactly the same. The lower floors have been sealed and the illegal portions belonging to Mr Ravinder Chaudhary and his family have not been touched. The MCD has been informed about this repeatedly but has taken no action as he is the Chairman of the Central Zone ward. The other people are afraid to come forward but we thought it right to inform you. Please take action sir.
Owners of E -72 NDSE Part I
A Mar 20, 2011 by
User
okhla123  
 
To 14.03.2011
Delhi Lokayukta
Office of the Lokayukta
Government Of NCT Of Delhi,
'G' Block, Vikas Bhawan,
I.P. Estates, New Delhi-110002.
Subject : Complaint Against Mr Ravinder Chaudhary Councillor Kotla
Sir,
This is a prayer from the owners of the basement, ground, first &
Second Floors of the building
Sir our properties have been sealed because of the alleged unauthorized
construction. We got notice from the MCD that the FAR of our building
which is on a plot lesser than 175 sq meters is more than 350. The
reason for this was stated that the third and fourth floors on our
building are illegal and need to be demolished. These floors belong to
Mr Ravinder Chaudhary who is also the local MCD Councillor.He categorically refused to take any corrective measure that is to
demolish the illegal structures and so the building was sealed on 20-
01-2011.
Now comes the interesting part sir. The illegal portion of the building
i.e. the third and fourth floor were not sealed. They are still open
and are running a paying guest. To add to this the same Mr Ravinder
Chaudhary has a Antennae installed on the top of the third floor which
is also illegal.
This gentleman is harassing us and troubling us all the time. Please
help us sir. We plead to you to get our property de-sealed as we are
ready to abide by the MPD 2021 and if we have any compoundable fee to
be paid to MCD we will pay that too.
Sir we are law abiding citizens of this country and expect you to take
corrective measures.
I would like to raise a few questions :
1. If the building was sealed under unauthorized construction, why were the third and fourth floor not sealed. Please give me a reason for this.
2. Why did you not, in spite of our repeated requests regularize our buildings floor wise ?
3. What arrangements does MCD have with Ravinder Chaudhary ? Is he running the show?
4. Under the notice dated 20.01.2011 no. 2646/B/Seal/EE(Bldg)/Cent.Zone/2011 when you show that whole building is sealed, how do you allow Ravinder Chaudhry owned floors i.e. the third and fourth floors to function. I have proof of this so do not deny. The electricity meters for these floors are functioning and for reasons best known to you they are still open.
5. Because of the illegal floors in the building, you seal the legal portion and then penalize us? Give me the reason
The mail has been forwarded to many esteemed officials so that at least one of you responds to our prayer.
We the owners of Basement, Ground Floor, First Floor are all prepared to regularize the building but this will not be possible till you take corrective measures against the third and fourth floor. We are ready to pay compounding charges to the MCD for regularizing the extra coverage.Also note that buildings numbers E-72, H-68, H58 & H-59 were sealed by the MCD for unauthorized construction. The most appalling fact is that in all these buildings the illegal portion is the Third and Fourth Floor.Also the cellular mobile antennae are installed in all the four buildings terrace. In all these cases the entire buildings except the floors which are illegal i.e. the third and the fourth floor were not sealed. These floors belong to Mr Ravinder Chaudhary who is the local councillor from Kotla Mubarkpur. If the buildings were sealed for unauthorized constructions then why were the floors belonging to Mr Ravinder Chaudhary not sealed. Please give me a reason for this sir.He is running illegal cabins in the H60 NDSE basement also. All this is known to MCD
We the law abiding citizens are made to suffer and this man who is breaking the law is a free bird and is misusing the buildings. In all the four cases the third and fourth floors are being used as Paying Guests and all the four floors have illegal cellular antennas installed on the roof. Please give us one reason for this sir. We are living in a civil society and Jungle Raj cannot be allowed.
Please help us sir and free us from the clutches of this man.
Looking forward to prompt action from your side.
Yours Truly

Owners of Basement, GF, FF & SF,
E-72 NDSE Part I, New Delhi 110049

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    m.c.d - Interest of public , justice and Govt Revenue