A Delhi court has advocated the need for immediate lodging of FIRs against owners/ builders of illegal constructions, while pulling up CBIfor not bothering to probe the role of senior officials, builders and political bosses in a case concerning fake demolition of unauthorised structures.
Special CBI judge A K Mendiratta made the observation while acquitting MCD junior engineer (JE) Ajay Kumar Shrotriya and two others accused of illegally saving unauthorised constructions from demolition in 2002.
The court, however, said that "considering the fact that the nexus between the builders, their political bosses and officials from MCD is deeper and unauthorised constructions continue unabated even today, it may be observed that the acquittal of the accused wheresoever in 15 cases prosecuted by CBI does not protect the unauthorised constructions from demolition".
The judge also said FIRs need to be registered against owners/ builders as unauthorised constructions continue unabated.
"It has also been observed in some of the cases that unauthorised basements were constructed in complete violation of building bye-laws which even put the adjacent properties in peril.
"Since the construction of unauthorised basements also continue unabated which has resulted in numerous instances of collapse of buildings, the construction of basements in violation of building bye-laws needs to be checked at the stage of construction itself," the court said.
"To ensure the same, FIRs need to be immediately booked against the owner/ builder under relevant provisions of Delhi Municipal Corporation Act and also action be taken against JE/AE (Assistant Engineer) /EE (Executive Engineer) concerned if found to be in deriliction of duty or colluding by ignoring the compliance of the provisions 1
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Special CBI judge A K Mendiratta made the observation while acquitting MCD junior engineer (JE) Ajay Kumar Shrotriya and two others accused of illegally saving unauthorised constructions from demolition in 2002.
The court, however, said that "considering the fact that the nexus between the builders, their political bosses and officials from MCD is deeper and unauthorised constructions continue unabated even today, it may be observed that the acquittal of the accused wheresoever in 15 cases prosecuted by CBI does not protect the unauthorised constructions from demolition".
The judge also said FIRs need to be registered against owners/ builders as unauthorised constructions continue unabated.
"It has also been observed in some of the cases that unauthorised basements were constructed in complete violation of building bye-laws which even put the adjacent properties in peril.
"Since the construction of unauthorised basements also continue unabated which has resulted in numerous instances of collapse of buildings, the construction of basements in violation of building bye-laws needs to be checked at the stage of construction itself," the court said.
"To ensure the same, FIRs need to be immediately booked against the owner/ builder under relevant provisions of Delhi Municipal Corporation Act and also action be taken against JE/AE (Assistant Engineer) /EE (Executive Engineer) concerned if found to be in deriliction of duty or colluding by ignoring the compliance of the provisions 1
source;
And You can submit you caselaws and articles to us here :
http://www.lawweb.in/p/submit-articlescase-laws.html
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