PRADEEP NANDRAJOG, J.

1. It all started when CW No.2466/2002 was filed in this Court by Brijender Kumar Tomar seeking mandamus against MCD to demolish the stated unauthorized construction by Shri S.L.Gutpa on the terrace of flat bearing No.66-C, Pocket A-12, Kalkaji Extension.

2. Brijender Kumar Tomar is the owner and occupant of Flat No.66-B which is on the first floor. Above that is Flat No.66-C owned and possessed by Shri S.L.Gupta.

3. For record, it may be clarified that wife of S.L.Gupta was the original allottee. She having died, S.L.Gupta claims inheritance under his wife. But, in records of MCD, necessary mutation has not been effected.

4. Writ petition filed by Brijender Kumar Tomar was disposed of vide order dated 10.12.2002. As it was informed to this court by MCD that after serving a show cause notice, a demolition order was passed by MCD regarding unauthorized construction on the terrace of the second floor, it was held that MCD had to take the demolition order to its logical conclusion. It was noted by this court that counsel for the MCD informed that necessary demolition action would be taken within 4 weeks.

5. When order dated 10.12.2002 was passed