New Delhi [India], May 29 : A Delhi Court has directed an Assistant Commissioner of Police (ACP) to appear in person and file a report in a case of unauthorised construction.
The court has asked the ACP why an ex-Municipal Corporation of Delhi councillor and his sister were made accused in the year 2019 when they had sold the property in 2017. The court also noted that at the time of issuance of a notice, no construction was going on.
Metropolitan Magistrate (MM) Anshul Mehta issued notice to ACP Tilak Nagar to appear in person and to file a report on the matter registered in the year 2019. The Court has also called for a report from the Deputy Commissioner (West), MCD. The matter has been put up for further hearing on July 8.
The court noted the submission by the Investigation Officer (IO) that at the time of issuance of the notice, no construction was going on.
The Court observed, "The Court has failed to understand, in the absence of any construction, how can a notice under sections 332 of the DMC Act be given. Further, the person who is made an accused in the present matter had sold the property in the year 2017 and the notice in the present matter on the property in question was given in the year 2019."
"In view of the above, let notice be issued to ACP Tilak Nagar to appear in person and file a report as to how Gurmukh Singh and Gurvinder Kaur have been made accused in the present matter," MM Anshul Mehta ordered on May 26.
The Court also said, "It is pertinent to mention here that no effort has been made by the IO to find out the owner of the property in question in the year 2019."
The court has also directed the MCD to file a report on the matter. "Let a report in observation above is also called from DC, MCD, West," the court ordered.
The court has also directed to send a copy of this order as well as of the order dated October 11, 2022, to ACP Tilak Nagar through HC Karambir and to DC, MCD, West District through JE Suman Saurav for information and compliance.
Ex-councillor Gurmukh Singh has approached the Court through advocate Anantdeep Thakur. It was stated that he had sold the property in the year 2017. However, a notice was issued for alleged unauthorised construction on the property in 2019.
An FIR was also registered against him in the police station Tilak Nagar by the MCD officials against him. At the time of issuance of notice no construction was going on, the counsel argued.
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