New Delhi, Oct 26 (PTI) Lambasting some former andexisting MCD officials for "demonstrating colourful misuse ofpower" by illegally demolishing a man's house in Sainik Farms,a Delhi court has directed them to build a quality home forhim or pay him Rs 1.5 crore within a month.
It also asked the South Delhi Municipal Corporation(SDMC)to pay the owner Rs 50 lakh compensation for the loss of"reputation, accommodation and valuables".
Additional District Judge Neera Bharihoke decided thesuit in favour of plaintiff Ashok Sikka, whose house wasdemolished without any notice on May 23, 2007, and pulled upthe authority saying its officials went outside theirprescribed scope of duties and took illegal gratification.
Sikka's house was one of 21 properties partly chosen in2000 for demolition in Sainik Farms in South Delhi.
In its over 100-page judgement, the court noted that theSDMC did not serve the owner a notice to vacate the premisesunder the provisions of Delhi Municipal Corporation (DMC) Actwhich is "a standard procedure adopted by MCD in relation tooccupied properties being subjected to demolition.""The defendants 4-9 (former MCD commissioners andengineers) conspired to cause wrongful loss to the plaintiffand he suffered in this whole process whereby life-timeearnings were destroyed by the defendant without sanctionauthority of law and only due to their illegal activities.
"The facts of the case demonstrate a colourful misuse ofpower by defendant one (SDMC) and its office bearers," thejudge said in the order.
She also observed that the property was protected fromdemolition under Delhi Laws (Special Provision) Act, 2006.
It said the SDMC officials "in blatant disregard to thelaw and procedure" and without any authority or court orderwith intention to deprive the owner of his lawful possessionof the property, "trespassed" into the same on May 23, 2007early morning.
The illegal and unauthorised demolition was carried outfrom May 23-26 and on May 30, 2007 and Sikka and his familywere evicted, the court said.
"The plaintiff has been suffering the brunt of illegaland unauthorised demolition at the hands of defendants 1, 4 to9 since 2007... the plaintiff is entitled to restoration ofsuit property by restoring status quo ante as prevailing onMay 22, 2007 in relation to suit property and the cost of thereconstruction shall be borne by the defendants 1, 4-9 jointlyand severally," it said.
"The court can take judicial notice of the kind of traumaand misfortune the plaintiff must have gone through at therelevant time," it said, adding that due to lack of priorintimation, his expensive household items were damaged orstolen as he could not shift them to a secure place.
The court said the authorities carried out the demolition"under the garb of" a May 9, 2007 Delhi High Court orderprohibiting illegal/unauthorised constructions or keepingconstruction material in Sainik Farms.
The court noted that over seven years have elapsed sincethe disposal of a similar writ petition against illegaldemolition of a house, but "the government of India has stillnot formulated any policy in respect of Sainik Farms and itsresidents, despite giving an assurance" before the high courtthat a policy decision would be taken by December 31, 2010.
Sikka had filed a mandatory injunction seeking damagesand compensation for the "agony and inconvenience" sufferedbecause of demolition of his house in 2007 and sought damagesof Rs one crore for the loss suffered due to actions of theauthorities which were illegal and corrupt. PTI AG SJKARC.
This is unedited, unformatted feed from the Press Trust of India wire.