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Illegal construction in Jamia Nagar: Court junks engineer’s plea, calls it gross abuse of law

An SDMC staffer had challenged an order directing a probe to fix responsibility of officials for not taking steps to remove an illegal construction of a case pertaining to an FIR registered against a man for illegally constructing a three-storey building in Jamia Nagar in 2014. A Delhi court on Monday rejected the plea and said it appears to be “gross abuse of law”.

“I do not find any illegality or infirmity in the impugned order…Rather the present revision petition filed on behalf of the petitioner appears to be a gross abuse of law and seems to have been filed with the sole intention to lower down the magnanimity of the trial court and to waste the precious time of this court by filing frivolous litigation,” Additional Sessions Judge Lokesh Kumar Sharma said as reported by PTI.

“Revision petition is dismissed being devoid of any merits with a cost of Rs 50,000 to be recovered from his salary by South Delhi Municipal Corporation (SDMC) Commissioner,” the sessions court said.

In his plea, Nagar had contended that he had performed his statutory duties and the metropolitan magistrate was not justified in directing any vigilance enquiry against him, reported PTI.

The sessions court, however, said:”Chief Vigilance Officer was free to conduct enquiry as per his convenience and take an independent decision either to initiate or otherwise to take any action against erring officials found guilty.”

“What the magistrate had directed, was just to take steps to remove the illegal construction and to look into the reasons for its non­demolition till the date of passing of impugned order and to examine the role of the officials of MCD, who were, otherwise responsible to take necessary steps for removal of such illegal construction,” it said.

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