JUDGMENT

Manmohan Sarin, J. Petitioner Sunil Atree filed the present petition seeking a direction to respondent MCD to carry out its statutory duty of demolishing and sealing the unauthorized construction at property bearing No. 2932, Bahadurgarh Road, Sadar Paharganj Zone, New Delhi. A further direction was sought to the respondent to bring the buildings within the Sadar Paharganj area, in accordance with the master plan, zonal plans and municipal laws and to demolish such constructions, which were not in accordance with the master plan.

2. This writ petition has a checkered history of show cause notices being issued by the MCD, replies thereto, demolition notices and orders being passed, appeals preferred before the MCD Appellate Tribunal and the cases being remanded to the Zonal Engineers (Building) for decision on merits. This culminated in an order dated 22.1.1999, by which the demolition notices/orders which had been directed to be treated as show cause notice by the Appellate Tribunal MCD, were withdrawn and the case was closed.

3. The order dated 22.1.1999, passed by the Assistant Engineer, Sadar Paharganj Zone is assailed by the petitioner as vitiated by fraud and not