Suppression of material facts and engagement in unauthorized construction can preclude a party from obtaining relief.

( 1 ) HEARD learned counsel for the parties.

( 2 ) THE case of the petitioner in these three cm (M) petitions is that an appeal was filed against the impugned order of demolition. Operation of the order of demolition was stayed. But thereafter the appeal was dismissed in default. An application for restoration of that appeal had been moved, but that could not be decided for the decided for the reason that the Presiding Officer of the Appellate Tribunal had handed over and his not taken over. Since the Presiding Officer had not been appointed, the petitioner did not find any other option but to approach this Court.

( 3 ) IT is submitted that the property bearing no. 1301 to 1318 known as RB Sultan Singh building situnted at Kashemere Gate, Delhi was owned by M/s. Chavanrishi International ltd. Later on the property was purchased by four private companies. It was reconstructed after evicting the tenants. The tenants agreed to vacate to enable the owners to reconstruct the property. Building plans were duty got sanctioned, After completion of the entire work the portion earmarked for the tenants/ occupants were handed over to the respective tenants to run their business. It is admitted that the construction was raised for a residential building. However, it is admitted in as much as the portion for the property earmarked for commercial user as such the petitioner and other co-owners had to allow the old tenants to use their respective portions for commercial user. Some payments have also been made for conversion and regularization of misuser and Rs. 1,04,000/- was deposited in that connection. All of a sudden the property in dispute was sealed by the officials of the MCD on 26th April, 2001 on the basis of the sealing orders dated 5th may,1999 and 11th February, 2000. Thereafter, the petitioner came to know about existence of demolition notice.

( 4 ) THREE different statutory appeals were filed against the three demolition orders. It is prayed that in absence of the Appellate tribunal this Court should restore the appeal pending before the learned Tribunal and the appeals be contested on merits and in alternative the respondent -MCD should be restrained from demolishing the property in dispute.

( 5 ) THE respondent -MCD is contesting this petition inter alia on the ground of gross suppression of massive unauthorized construction of a grave magnitude by constructing 250 unauthorized shops in a residential building. It is submitted that the plan for the residential building with 33% coverage on the ground, first and second floors was sanctioned on 16th July, 1998 and 3rd November, 1998 and a completion certificate was granted on 1st February, 1999 with respect to the aforesaid residential building. But thereafter the petitioner/owners indulging in massive unauthorized construction constructed additional portion and converted the entire property into a commercial complex consisting of about 250 shops. There was complete/cent per cent coverage and infringement of front, rear and side set backs. This material fact has been totally with held and concealed from the court. The unauthorized construction was noticed and notices dated 5th April, 1999, 20th January,2000 and 14th February, 2000 were issued in the name of the petitioner. Thereafter, action under Section 345-A of the DMC Act was also initiated. The property was sealed on 26th April, 2001. In appeal no relief was granted for de-sealing of the property by the learned Appellate Tribunal. CM (M) was filed concealing the factum of unauthorized construction of approximately 250 shops and by making is appear that matter was a case of simple misuser de-sealing orders were obtained on 22nd June, 2001. An application for modification of the said order was filed on 22nd June, 2001. The order of de-sealing was kept in abeyance pending decision of the before the appellate tribunal. The owners of the property had also tempered with the seal on 6th July, 2001 it self. In term