Ms. Ishwar Devi and Shri M.K.Sacdeva (Mobile No.9313339530) are law abiding and peace loving citizen of India having every regards for law of the land and are living at D/o. Late Shri Amir Chand, R/o. 25/2, Ashok Nagar, Front Side, Delhi -110018 and at S/o. Late Shri Amir Chand, A 36 Mahindera Park, Uttam Nagar, New Delhi – 110059 respectively. Ms. Ishwar Devi is a spinster sister of Shri M.K.Sachdeva and lives with her ailing mother, Smt. Chander Kala (80 yrs.) who is suffering from arthritis (both knees affected) and high blood pressure and also a mentally challenged sister Ms. Usha Rani (55 yrs.) who needs full care.
Ms. Ishwar Devi purchased a House bearing No. 25/2, Front Side, Ashok Nagar, New Delhi – 18 measuring 40 sq. yards out of total 100 sq. yards, from her brother, i.e. Shri M.K.Sachdeva, in 1997 which consists of Ground Floor, First Floor, Second Floor and a cemented shaded room on the Third Floor. The other 60 sq. yards portion is occupied by another allottee Shri Dev Pal, S/o. Late Shri Hari Chand who is the original allottee.
Ms. Ishwar Devi has given Special Power of Attorney right to her brother, i.e. Shri M.K. Sachdeva to manage her correspondence in connection with all legal matters concerning her property as she being a spinster looking after ailing age-old mother and mentally challenged younger sister and also finds no time and energy to meet all the exigencies.
Ms. Ishwar Devi and Shri M.K.Sacdeva earlier had joint family but now Shri M.K. Sachdeva lives separately with his family in the above-mentioned address.
Shri M.K.Sachdeva becoming a joint-Ms. Ishwar Devi is necessitated because all the correspondences initiated by the MCD with regard to the property of Ms. Ishwar Devi bearing No. 25/2, Front Side, Ashok Nagar, New Delhi – 18 have been addressed to the Shri M.K.Sachdeva irrespective of the fact that many a times reminded by the Ms. Ishwar Devi and Shri M.K.Sacdeva to the MCD to set the records straight.
The brief facts of the story are that the Shri S.D. Falwaria being neighbour to the Ms. Ishwar Devi has been harassing the Ms. Ishwar Devi and Shri M.K.Sacdeva and their family members on account of his unsocial and illegal activities of nuisance, encroachment, throwing garbage, quarrel over petty matters and hurling abuses, etc. which prompted the Shri M.K.Sachdeva to redress their grievances made a complaint against the Shri S.D. Falwaria to the MCD, Lt. Governor of Delhi, P.G.C. and others since 1997 onwards. Ultimately the illegal encroachment by the Shri S.D. Falwaria in his property 25/3, Front Side, Single Storey, Ashok Nagar, New Delhi was demolished in 2001/2002.
Infuriated by complaint made by the Ms. Ishwar Devi and Shri M.K.Sacdeva against the Shri S.D. Falwaria, the latter out of rage and retaliation, has meticulously planned a well thought-out strategy and decided to execute it with the finishing touch in order to teach a lesson to the Ms. Ishwar Devi and Shri M.K.Sacdeva and, therefore, hatched a conspiracy along with his coteries and MCD and Delhi Jal Board to usurp or total destruction of the property of the Ms. Ishwar Devi.
As a first step of usurping the property of Ms. Ishwar Devi, the Shri S.D. Falwaria has manufactured, fabricated, concocted, forged document of the so-called Agreement to Sell and Cash Receipts on 16.10.2003 against the name of the Shri M.K.Sachdeva without knowing the property of 25/2, Front Side, Ashok Nagar, Tilak Nagar, New Delhi-110018, has already been sold by the Shri M.K.Sachdeva to Ms. Ishwar Devi in 1997. In that process the Shri M.K.Sachdeva had to file a Writ Petition (Criminal) 892/2004 in the Delhi High Court. The Hon’ble Court vide order dated 19.7.2004 directed case to be registered Under Section 156(3) of Cr.P.C. Thereafter, Shri Manoj Kumar, the Ld M.M. Court, Rohini ordered the S.H.O., Hari Nagar, Police Station to lodge an FIR against Shri S.D. Falwaria. Consequently FIR 519 dated 20.9.2006 was filed against the Shri S.D. Falwaria for forgery who managed to drag the proceedings for more than four years through manipulations in connivance with police and other government officials and the case is still pending in the Tis Hazari Court.
After allegedly prepared the so-called forged Agreement to Sell against the property of Ms. Ishwar Devi, in order to threaten the Ms. Ishwar Devi and Shri M.K.Sacdeva and pretend to show that the so-called Agreement to Sell was a genuine document, the Shri S.D. Falwaria filed a case 191/2004 titled as Sh. Shankar Dass Falwaria vs. Sh. Mahinder Kumar Sachdeva, in the Tis Hazari Court, New Delhi, wherein he has submitted the alleged so-called forged original Agreement to Sell and other Cash Receipts. The matter was then transferred to the Delhi High Court, Case No. ARB.P.35/2006, titled as Sh. Shankar Dass Falwaria Vs. Sh. Mahinder Kumar Sachdeva. The so-called alleged forged original document of Agreement to Sell and other Cash receipts which the Shri S.D. Falwaria submitted in the Hon’ble Court in the above said case are missing from the Court case file. It is alleged that Shri S.D. Falwaria is brain behind this mischievous act after seeing the development related to this alleged forged document of Agreement to Sell because it is likely to expose his forged signatures. The case is still pending in the Court. This way the Shri S.D. Falwaria tried all his level best to totally annihilate the entire family members of the Ms. Ishwar Devi and Shri M.K.Sacdeva.
The next step to destroy the property of the Ms. Ishwar Devi and instill fear and panic among the family members of the Ms. Ishwar Devi and Shri M.K.Sacdeva, the Shri S.D. Falwaria being CPWD Contractor having covert activities in nexus with the corrupt police and the MCD officials, after tampering the records pertaining to the property of the Ms. Ishwar Devi had issued a Show Cause Notice on 24.10.2003 mentioning the new construction was being carried out, i.e. after a week of alleged forged document of Agreement to Sell and Cash Receipts were manufactured (16.10.2003) by the Shri S.D. Falwaria.
It is relevant to mention here that prior to 01.01.2001 the records related to the property of the Ms. Ishwar Devi from the MCD shows that Ground Floor, First Floor, Second Floor and Third Floor existed whereas the MCD has shown the property of the Ms. Ishwar Devi as an unauthorized construction in their (MCD) website of the properties of unauthorized construction booked as per DMC Act of 1957 from 01.01.2001 to 31.07.2005 but against the name of the Shri M.K.Sachdeva.
The booking of the property No. 25/2, Front Side, Single Storey, Ashok Nagar, New Delhi, has been made against the name of the Shri M.K.Sachdeva explicitly exposes the handy work and involvement of the Shri S.D. Falwaria in collusion with the MCD as the Shri S.D. Falwaria dealt in his conspiracy attempt of allegedly forging the signatures of the Shri M.K.Sachdeva in the so-called alleged forged Agreement to Sell and Cash Receipts without knowing that the said property has been already sold to Ms. Ishwar Devi by the Shri M.K.Sachdeva.
It is relevant to put forward a very tricky game played by Shri S.D. Falwaria along with the officials of the MCD and the Delhi Jal Board is that even after the information reached the office of the MCD that the property, No. 25/2, Front Side, Ashok Nagar, New Delhi – 18, has been sold by Shri M.K.Sacdeva to Ms. Ishwar Devi, the MCD has not deliberately taken any action to set the records straight. It clearly shows that Shri S.D. Falwaria is having close nexus with the officials of the MCD and Delhi Jal Board in his attempt to bring a total ruining of the life of Ms. Ishwar Devi and Shri M.K.Sacdeva by maintaining the statuesque of the property No. 25/2, Front Side, Ashok Nagar, New Delhi – 18 bears the name of the Shri M.K.Sacdeva as ownership so that erroneously ascertain the fact that the so-called alleged forged document of Agreement to Sell over the property of the Ms. Ishwar Devi is true and also the Shri S.D. Falwaria could continue the oppression of the Ms. Ishwar Devi and Shri M.K.Sacdeva and their family members otherwise Shri S.D. Falwaria would be exposed that he has been maligning the neighbourhood women causing serious repercussions.
Moreover the Ms. Ishwar Devi and Shri M.K.Sacdeva are in possession of the electricity meter bills of 1988 and 1989 showing separate meter installed in the Ground Floor and First Floor respectively of the property of the Ms. Ishwar Devi . This further authenticates that property of the Ms. Ishwar Devi is not an unauthorized construction necessitated for demolition by the MCD at the behest of Shri S.D. Falwaria.
Shri Jatinder Singh Gandhi, a Government approved Valuer and Registered Architect of Council of Architecture (Reg. No. CA/93/15754) having 15 years of service from a firm called Gandhi Associates who has been asked to assess the property of the Ms. Ishwar Devi , made the observation and issued a certificate on 30.10.2008 after his visit to site that, “The specifications of Ground Floor are: RBC (reinforeced bricks concrete)roofing, Plain cement concrete, Soft wooden frames/shutters, Cement plastered inside and outside, etc., First Floor specifications are: Red Agra stone over T-iron roofing, Plain cement concrete, Soft wooden frames/shutters, Cement plastered inside and outside, etc., and Second Floor specifications are: RCC (reinforced cement concrete)roofing, Plain cement concrete, Soft wooden frames/shutters, Cement plastered inside and outside, etc. ... it is evident that the built up Ground Floor was allotted by L&DO (land owned agency)in 1962-1963. The previous owners constructed the First and Second Floor prior to 1988.The brick walls of the Ground Floor are constructed with lime mortar, First and Second Floor brick walls are constructed with cement mortar.” These observations obliviously authenticate that the construction of building structure of the property of the Ms. Ishwar Devi of No 25/2 Single Storey, Front Side Ashok Nagar, Tilak Nagar, New Delhi, was carried out prior to 1988. Hence the illegal demolition of the property of the Ms. Ishwar Devi under the garb of unauthorized construction by the MCD is a total violation of fundamental rights to property, shelter and live with dignity are very causally flouted by the MCD in connivance with Shri S.D. Falwaria
Surprisingly the above-mentioned property, i.e. 25/2, Front Side, Ashok Nagar, New Delhi, as stated earlier, has been shown as an unauthorized construction by the officials of MCD, in the Show Cause Notice of 24.10.2003 and the same was also displayed in the website of MCD in the year 2005 as an unauthorized construction booked in the year 2003 and targeted for demolition. Immediately on coming to know of this misleading information, the Ms. Ishwar Devi brought the same to the notice of the officials of MCD, i.e. MCD, followed by many reminders for rectification of the property in question, as the construction was carried out many years back. But the MCD, i.e. MCD, kept mum by not replying to those communications. Neither any survey was conducted nor claim of the Ms. Ishwar Devi was verified which undoubtedly shows the lackadaisical and whimsical act on the part of the MCD, i.e. MCD.
Since purchase of the property, the Ms. Ishwar Devi and Shri M.K.Sacdeva had/have been paying the electricity bills and also paying House Tax for the said property. Apart from these, the a sum of Rs.48,897/- to the MCD for regularization charges of entire property of 100 sq. yrds. against receipt No. 403015 dated 12.03.08 has been remitted by the original allottee.
Thereafter the Ms. Ishwar Devi made a representation to the Public Grievances Commission with regard to the misleading information about the property of the Ms. Ishwar Devi in the website of MCD, by stating in the representation that the construction was done long time back and there was no new/ additional construction which invites unauthorized construction for demolition. It was requested in the said representation to remove the notification regarding newly constructed house as displayed in the MCD website but the same was not removed nor was any verification or on-the-spot-survey carried out by the MCD officials.
Having left with no other option, the Ms. Ishwar Devi made a representation to the Hon’ble Prime Minister on 23.08.2006 and other concerned Government Departments. The said representation was forwarded by the PMO to the Commissioner, MCD on 29.08.06.
To the utter surprise and dismay, on 02.02.07 Assistant Engineer Shri Sanjeev Dara and Shri Jitender, Junior Engineer of MCD (WZ), came to the site with their demolition squad and pulled down the outer projected area of three floors of the house of Ms. Ishwar Devi, illegally and without any notice to the Ms. Ishwar Devi so much so that the Ms. Ishwar Devi was not at her house at that time.
That after illegal demolition of the property of the Ms. Ishwar Devi , the MCD even went to extent of sending a notice to the Ms. Ishwar Devi and Shri M.K.Sacdeva to pay the labour charges/removal of debris as a result of the illegal demolition Rs.9400/- to the MCD, i.e. MCD.
Since without prior information the property of the Ms. Ishwar Devi was demolished by the MCD at the behest of Shri S.D. Falwaria, the Ms. Ishwar Devi sought information through RTI application dated 06.02.2007 from the MCD as to why her property was demolished wherein the information provided by the MCD on 01.03.2007 was that demolition action was taken on the property of the Ms. Ishwar Devi because of unauthorized construction and encroachment on the public land.
It is worth mentioning here that the MCD officials carried out the demolition process only in the house of Ms. Ishwar Devi adopting “pick and choose policy” whereas the entire Ashok Nagar Colony was unauthorized and not regularized, thereby sidelining the Ms. Ishwar Devi alone.
Moreover, there was no such new construction carried out by Ms. Ishwar Devi as stated by the MCD, i.e. MCD, and the projections are as normal as rest of the residents constructed within the provisions of structure built earlier.
The woes of the Ms. Ishwar Devi did not end here. On 06.10.07 Shri K.K. Meena (A.E.) and Shri R.L. Choudhary (J.E.) of MCD again visited the house of the Ms. Ishwar Devi and under the garb of Hon’ble High Court’s order they started pulling down the front walls of the room of First and Second Floor. When the Ms. Ishwar Devi and Shri M.K.Sacdeva asked for the orders of this Hon’ble Court, they were reluctant to show any order. Immediately the Ms. Ishwar Devi and Shri M.K.Sacdeva sought the help of the local Councilor Shri Devender Mohan Katyal, but the MCD officials also trickled him under the garb of order of this Hon’ble Court.
In furtherance of the pathetic situation of the Ms. Ishwar Devi, Shri D.R. Singh (A.E.) and Shri R.L. Choudhry (J.E.) yet again visited the property of the Ms. Ishwar Devi on 11.12.07 without giving any notice to the Ms. Ishwar Devi , broke open the lock of house of the Ms. Ishwar Devi when Ms. Ishwar Devi was not at home and under the garb of order of this Hon’ble Court, they pulled down the part of third floor (cemented sheets shaded room) and punctured the roof of second floor and demolished some steps of stairs of first and second floor due to which the household items were crushed and buried under the debris which fell from the upper floors demolition process.
That thereafter, the E.E. (Building), MCD sent notices, vide letter No. D/ 2240/EE (B)/WZ/2007 dated 28.09.2007 and vide letter No.D/3882/EE (B)/WZ/2007 dated 11.12.07. The first Notice dated 28.09.2007 was pasted on the front wall of the building structure in the premises of the property of the Ms. Ishwar Devi without her knowledge. The latter Notice dated 11.12.07 was issued after the demolition was carried out at about 5.25 pm and forced the Ms. Ishwar Devi No. 1 to sign the receipt of the said Notice, thereby MCD ordered the Ms. Ishwar Devi and her family members to vacate the house within 24 hours failing which lock of the house shall be broken without any further notice and demolition/ sealing action shall be carried out. What a mockery of the act of the officials of the MCD and how much money and material might have been exchanged, which no one could imagine, in this nefarious activities triggered by the Shri S.D. Falwaria to harass and oppress the family members of the Ms. Ishwar Devi and Shri M.K.Sacdeva through the officials of the MCD!!
It is appropriate to pin-point that the above cited Notice issued by the MCD, i.e. MCD, on 28.09.2007 at the behest of Shri S.D. Falwaria was a counter blast to the order passed by the Hon’ble Court on 14.08.2007 in W.P. (C) 16523/06 filed by the Shri M.K.Sachdeva against the Shri S.D. Falwaria which resulted in sealing of the property of Shri S.D. Falwaria on 21.08.2007 by the MCD.
Ms. Ishwar Devi appealed to the DC/PIO, MCD through RTI letter dated 16.10.07 for obtaining copy of the order of this Hon’ble Court to demolish house of the Ms. Ishwar Devi, but to no avail. Thereafter, the Ms. Ishwar Devi appealed to the First Appellate Authority, MCD through RTI on 19.11.07 to which the information provided by them on 13/17.12.2007 was that they were not the competent authority to furnish copy of the order of the Hon’ble Court and the Ms. Ishwar Devi should approach this Hon’ble Court for the orders.
Surprisingly the Ms. Ishwar Devi received information from the MCD on 22.12.07 through post, wherein reference was made to a writ petition being W.P. (C) No. 6847/07 titled Shanker Dass Falwaria Vs. MCD and others, thereby informing the Ms. Ishwar Devi that her house was demolished pursuant to the said writ petition.
Having come to know that the Ms. Ishwar Devi would approach the Hon’ble Court for remedy on the next date of hearing on 18.03.2008, the MCD, i.e. MCD, along with the Delhi Police hurriedly on 15.03.08 sent Shri D.R. Singh (A.E.) and another J.E., MCD (WZ) without showing order of the Hon’ble Court got demolished the ground floor of house of the Ms. Ishwar Devi from front side, that too when the Ms. Ishwar Devi was not at home and her old-age mother Chander Kala was alone at home. The MCD officials directed her to vacate the house immediately as the entire house was going to be demolished. It is pertinent to mention here that at that time, brother of the Ms. Ishwar Devi, i.e. Shri M.K.Sachdeva was not available as he had gone to the court of Ld. M.M. Rohini Courts, Delhi for giving his specimen signature in FIR No. 519/06 which he got registered against the above-said Shanker Dass Falwaria, who had forged his signatures for usurping property of the Ms. Ishwar Devi fraudulently. On coming to know of the fact of demolition, the Ms. Ishwar Devi’s mother showed MCD receipt No. 403015 dated 12.03.08 and payment of Rs.48,897/- paid towards Self-Assessment Regularization Charges in respect of house of the Ms. Ishwar Devi . However, the MCD officials did not pay any heed and directed its staff to demolish the entire house of the Ms. Ishwar Devi. In this process of demolition, the main front door, windows and the steps leading to another floor and also the door of ground floor have been pulled down thereby exposing her residence utterly depriving of her and family members’ privacy and making it in a dilapidated and non-living condition.
However, after a long struggle, when the Ms. Ishwar Devi approached this Hon’ble Court through her Counsel Ms. Madhu Tewatia on 18.03.08 to be impleaded as a Respondent in the said writ petition, the said Shanker Dass Falwaria withdrew his petition as he realized that he would be exposed of giving misleading facts to the Hon’ble Court with the connivance of MCD officials in demolishing house of the Ms. Ishwar Devi as well as he had achieved in his attempt of retaliation to the greater extent of satisfaction.
It is brought to the knowledge of the Hon’ble Court with great pain that the Ms. Ishwar Devi being the aggrieved party in the above-named writ petition filed by the Shri S.D. Falwaria, the latter by not making Ms. Ishwar Devi party in the same, prevented the opportunity to plead her prayers and thereby silently squeezed the Ms. Ishwar Devi to the extent it might have driven her and her family members into status of total insane and mad. There was no sympathy or compassion for the poor womenfolk while the whole country cries for the empowerment of the women rights and status in the society but the MCD and Shri S.D. Falwaria made it a mockery for all time to come.
It is worth mentioning here that the Shri S.D. Falwaria Shanker Dass Falwaria is a man of criminal antecedent which is apparent and evident from the fact that there are seven FIRs registered against Shri S.D. Falwaria for various offences including cheating, forgery etc. details whereof are as under:
FIR No.615/94, U/s. 279/337 IPC, PS: Hari Nagar
FIR No.192/95, U/s. 186/363 IPC, PS: Hari Nagar
FIR No.185/04, U/s. 279/337 IPC, PS: Delhi Cantt.
FIR No.12/06, U/s. 323/324 IPC, PS: Hari Nagar
FIR No.428/06, U/s. 283 IPC, PS: Hari Nagar
FIR No.65/86, U/s. 379/411 IPC, PS: Pt. Street.
FIR No.519/06, U/s. 420/468/471 IPC, PS: Hari Nagar.
The above information has been gathered by the Shri M.K.Sachdeva by moving application to the RPIO, office of DCP (West), New Delhi. This itself clearly goes to show that how the Shri S.D. Falwaria is indulged in nefarious criminal activities and the other MCD and Shri S.D.Falwaria are also connived with him in not taking any action against him with regard to his illegal activities not only in his own property but also in creating hindrance and huge loss to the Ms. Ishwar Devi and Shri M.K.Sacdeva.
The arbitrariness and malafide intention of MCD and Shri S.D.Falwaria is clearly evident from the fact that the MCD-MCD have regularized the house of Shri S.D. Falwaria – Falwaria which is an unauthorized construction, on the same day, i.e. on 26.09.2007 when he made payment for regularization of his property irrespective of the fact that a writ case is filed in the Hon’ble Court against his property whereas the house of the Ms. Ishwar Devi has not been regularized despite receipt of necessary payment for regularization. When clarification was sought through RTI Act, 2005 from the MCD-MCD, the latter gave a reply that, “The regularization case under self-assessment scheme could not be considered for the evident reason that it is subjudice and pending before the court” i.e. a writ case in the Hon’ble Court with regard to the property of the Ms. Ishwar Devi is pending and therefore it could not be regularized. Hence it is also submitted that cases for both the houses of Ms. Ishwar Devi as well as Shri S.D. Falwaria – Falwaria were pending.
It is also not out of place to mention here that the Ms. Ishwar Devi purchased the property in question on 15.12.97 and a registered Will much prior when said Falwaria forged the Agreement to Sell and Cash Receipts. Thereafter, Shri S.D. Falwaria forged and fabricated the documents in 2003 thereby trying to illegally grab the property of the Ms. Ishwar Devi, which was sold by Shri M.K.Sachdeva to the Ms. Ishwar Devi in 1997.
It is also worth mentioning here that despite receiving payment of regularization charges of the property in question, the MCD officials were bent upon to demolish her house and did not even accede to the request of Ms. Ishwar Devi and Shri M.K.Sacdeva’ mother who was inside the house at the time of demolition. She immediately informed the Media people about the illegal demolition carried out by the MCD officials in their property. As soon as having come to know that Media people were called, the MCD officials hurriedly bundled their tools & tackles and fled away in their vehicles from the spot. Thus, it is evidently clear that had there been any order of this Hon’ble Court for demolition of the Ms. Ishwar Devi’s house, why they fled away from the spot. Hence, by their illegal acts, the fundamental right of the Ms. Ishwar Devi as enshrined in Article 14 and 21 of the Constitution of India have been infringed and violated by the MCD and Shri S.D.Falwaria. It is also to mention here that in the entire Ashok Nagar colony, except house of the Ms. Ishwar Devi no other house, which all were unauthorized, was demolished by the MCD officials.
During this interlude, the MCD officials under the garb of order of this Hon’ble Court (which was never shown to the Ms. Ishwar Devi) and in connivance with Delhi Jal Board, i.e. Delhi Jal Board, also got plugged the sewer line of the Ms. Ishwar Devi, so much so that the Delhi Jal Board officials also visited house of the Ms. Ishwar Devi on 03.03.08 and illegally removed the small water pump installed in the premises. When mother of the Ms. Ishwar Devi demanded for the order of Delhi Jal Board for removal of the water pump, the officials of Delhi Jal Board could not show any order. This clearly proves that no such order of DJB or this Hon’ble Court was ever passed in respect of the property in question.
It is further stated the Delhi Jal Board Jal Board had the knowledge that all the residents of Ashok Nagar area where the Ms. Ishwar Devi also resides are using/ installed water pump owing to low pressure of water supply. In this connection the Ms. Ishwar Devi got information through RTI letter from the Delhi Jal Board Jal Board.
After removal of the small water pump from the premises of the Ms. Ishwar Devi, the latter requested the Delhi Jal Board Jal Board to supply water through tanker but till date no provision is given leaving the family members of the Ms. Ishwar Devi in total distress.
That the Ms. Ishwar Devi even approached the MCD Land & Urban Development Department and sent an Email on 27.09.2009 as well as a copy of the same was later handed over to the office of LN & DO personally of her grievances and harassment meted out to her by the Shri S.D. Falwaria in connivance with the MCD, i.e. MCD, and Delhi Jal Board and the reply the Ms. Ishwar Devi got was that within fifteen days the concerned department would respond to her grievances but all in vain even after more than three months have passed.
It is pertinent to mention that the Ms. Ishwar Devi even knocked doors of an NGO founded by Retd. IPS officer Dr. Kiran Bedi called Mission Safer India to get her grievances redressed owing to the endless harms and threat from the Shri S.D. Falwaria. In that process a personal inquiry was conducted by Mr. S.S. Sandhu (Retd. ACP, a Police Adviser of the Safer India and observed that” the complainant (Ms. Ishwar Devi) is very aggrieved and poor who is living along with her aged mother and a mentally challenged sister. Though her house is very old which can be made out by seeing the house but it is an irony that in papers it has been shown as a new construction by the accused in this case. The accused has been using all his links and money to acquire the complainant’s house. This case is a glaring example of the dark side of the society where a rich person having influential links makes the life of poor people a hell. It was shocking to see three ladies staying in a broken house without door and always attracting threat to their lives”. Even then woes of the Ms. Ishwar Devi remained unfathomed and undermined.
Ms. Ishwar Devi and Shri M.K.Sacdeva have been running from pillar to post and visiting various Government and other departments for their grievances, but none showed any interest in redressing their grievance hence, the Ms. Ishwar Devi and Shri M.K.Sacdeva have been left with no other alternative and efficacious remedy available except to beseech the kind indulgence of this Hon’ble Court by way of present petition.
As per the Court’s orders, the properties which have been built before 01.01.06 do not come under the category of “demolition drive” but in the present case, why the Ms. Ishwar Devi No. 1’s house was only targeted by the MCD officials, is beyond understanding. Even otherwise, as per the Survey Report of MCD, received through RTI by the Shri M.K.Sachdeva, in Ashok Nagar 16 blocks out of 69 blocks have been surveyed in which out of 252 properties there are 226 properties which have been notified as an unauthorized construction. Then, even as per the said survey report, the MCD officials ought to have demolished all the 226 properties rather than demolishing the property of the Ms. Ishwar Devi alone, which clearly speaks volumes of the malafide, whimsical and illegal action on the part of the MCD and Shri S.D.Falwaria.
A bare perusal of the writ petition No. 16523/06 filed by Shri M.K.Sachdeva titled Mahinder Kumar Sachdeva Vs. MCD & Others, and the writ petition No. 6847/07 filed by Shanker Dass Falwaria Vs. MCD & Others, then the facts would clearly reveal the nature of the genuine plea of the Ms. Ishwar Devi and Shri M.K.Sacdeva as the latter ditto made similar plea and got the entire property demolished. The facts mentioned therein would amply and evidently prove how corrupt the MCD officials are in connivance with the police officials in favouring Shri S.D. Falwaria and targeting the property of the Ms. Ishwar Devi only for demolition purpose. These attempts have been made by them only to pressurize and traumatize the Ms. Ishwar Devi and Shri M.K.Sacdeva to compromise with the said Shanker Dass Falwaria for his wrongful gains, which has resulted into irreparable and huge financial loss, besides mental agony and harassment. Only the Ms. Ishwar Devi has been victimized by the illegal and arbitrary acts of the MCD and Shri S.D.Falwaria especially MCD in demolishing the lone house of the Ms. Ishwar Devi in the entire unauthorized Ashok Nagar Colony.
That to highlight one important factor as how and to what extent Shri S.D. Falwaria has close nexus with MCD to harass and evict the Ms. Ishwar Devi and her entire family members from the property in question is that in the case W.P.(C)6847/07 filed by the Shri S.D. Falwaria against the Ms. Ishwar Devi and Shri M.K.Sacdeva -- while the Respondent in the case W.P. (C)6847/07 was Shri M.K.Sachdeva and the ownership of the property involved is Ms. Ishwar Devi -- within the short span of six months, three times on 6.10.2007, 11.12.2007 and 15.3.2008, got carried out demolitions of property of the Ms. Ishwar Devi but in the case W.P.(C)16523/06 filed by the brother of the Ms. Ishwar Devi is still unresolved in the court waiting for fresh filing of the Contempt case.
As per the RTI information given by MCD (J.E. (B)/WZ) in the note dated 07.11.2008 put forwarded to A.E. (B)/WZ, E.E. (B)/WZ, S.E.(B)/WZ, and D.C. (B)/WZ, states that the owner of the property Shri S.D. Falwaria of 25/3, Ashok Nagar, New Delhi-110018, has deposited the regularization charges amounting to Rs. 42,479.vide G-8 No. 410023 dt 26.09.2007. Accordingly the property has been regularized under self assessment scheme vide file No.1130/R/B/WZ/07 dated 26.09.2007, i.e. on the same day. Regarding this information though many hearings took place in the case of WP(C) 16523/06, only after one year, i.e. from 26.09.2007 to 22.10.2008, the last date of hearing/final decision of the case WP(C) 16523/06, Court Order dated 22.10.2008, Shri S.D. Falwaria made a statement before the Court that he has already moved an application to the MCD for Regularization of construction made in his property and the copy of the application dated 11.10.2007 made to the MCD has been filed along with the C.M. No.7423/2008 in the WP(C) 16523/06. Hence this fact has been suppressed from the Court by the Shri S.D. Falwaria in nexus with the officials (especially Shri D.R. Singh Asstt. Engineer (B) among others) of the MCD. sowing outright favouritism to the Shri S.D. Falwaria. Otherwise this information would have been revealed to the Ms. Ishwar Devi and Shri M.K.Sacdeva who could also apply and get the regularization of her property 25/2, Single Storey, Front Side, Ashok Nagar, New Delhi-110018.
Besides all, had this information been revealed to the Ms. Ishwar Devi and Shri M.K. Sachdeva there could have been the possibility of preventing three-time illegal demolition drives out of four by the MCD but it has been safely played by the MCD and Shri S.D. Falwaria that the Ms. Ishwar Devi and Shri M.K.Sacdeva should be kept in dark.
It is very pathetic to pen down that the last two demolition drive were carried out by the MCD under the supervision of the same Asstt. Engr. (B) WZ, Shri D.R. Singh along with Shri R.L. Choudhry (J.E.), on 11.12.2007 and 15.03.2008 respectively who appeared as MCD and Shri S.D.Falwaria on behalf of the MCD in the case WP(C) 16523/06.
The MCD, through its representatives Shri D.R.Singh Asst. Engineer and Shri R.L. Choudhry (J.E.), has marred the image of the administrative set-up of the MCD by suppressing the information from the Hon’ble Court and having nexus with the Shri S.D. Falwaria for carrying out the demolitions twice, as stated earlier, in the presence of the same MCD and Shri S.D.Falwaria, who appeared on behalf of the MCD, out of four time demolitions in the premises of 25/2, Single Storey, Front Side, Ashok Nagar, New Delhi-11001 belonging to the Ms. Ishwar Devi , at the same time protecting the property of 25/3, Single Storey, Front Side, Ashok Nagar, New Delhi-110018 belonging to the Shri S.D. Falwaria by defending in the Court. It warrants for severe penal action against those corrupt officials of the MCD.
Shri S.D. Falwaria in order to achieve his nefarious designs has also filed another writ petition No. 7980/07 against the relatives of the Ms. Ishwar Devi and Shri M.K.Sacdeva who are residing in other zones of MCD. In this regard the Ms. Ishwar Devi has also informed various government officials including MCD by way of various representations against the Shri S.D. Falwaria for his ill-intentions and motives, but none of the government official did not heed to her request.
Shri S.D. Falwaria went out of the way to harass the Ms. Ishwar Devi and Shri M.K.Sacdeva because the Shri M.K.Sachdeva being the guardian of the Ms. Ishwar Devi and having lost the regular income owing to the false cases filed by Shri S.D. Falwaria against the property of the Ms. Ishwar Devi and running pillar to post to make both ends meet as well as no one responded to grievances of the Ms. Ishwar Devi and Shri M.K.Sacdeva, Shri M.K.Sachdeva approached the Delhi High Court Legal Service Committee to take free legal assistance to defend the above-mentioned false cases filed by Shri S.D. Falwaria. Accordingly he was provided legal help and the services of Advocate Sh. Harish Chand were offered to Ms. Ishwar Devi No. 2. But there also Shri S.D. Falwaria set his foot in through RTI questioning the income certificate produced by the petitioner for legal aid and fraudulently convinced the inquiry authority citing that Shri M.K.Sachdeva was having Mobile Phone, Refrigerator, Television-Set, Two Wheeler, etc. which are items even person of lower strata of the society normally possesses and thereby stopped the Shri M.K.Sachdeva getting free legal aid to defend the false cases. Accordingly Advocate Sh. Harish Chand’s services were withdrawn but the case is still pending in the Court.
In connection with the writ petition W.P. (C) 16523/06 filed by the Shri M.K.Sachdeva against the MCD and No.5 the Delhi High Court in its one of the directions under Order dated 22.10.2008 to the Shri S.D. Falwaria was that to repair or restore the sewage pipe line of the property 25/2, Front Side, Ashok Nagar, New Delhi which was broken down due to illegal and unauthorized construction raised by the Shri S.D. Falwaria. Without carrying out the directions of the Hon’ble Court, the Shri S.D. Falwaria came along with the police to the resident of the Ms. Ishwar Devi after 6:00 p.m. and forcefully got the thump impression from the mother of the Ms. Ishwar Devi for delaying the process or not complying the directions of the court order by hook or crook while the Ms. Ishwar Devi was not at home. Surprisingly the Shri S.D. Falwaria later filed a writ petition W.P. (C) 12390/09 against the mother, Smt. Chander Kala. aged 80 yrs. and mentally retarded sister of the Ms. Ishwar Devi and Shri M.K.Sacdeva for littering and water logging in front the residence of the Ms. Ishwar Devi which the Shri S.D. Falwaria should have repaired or restored the sewage pipe line under the orders of the Hon’ble High Court as referred above.
Shri S.D. Falwaria being is a devious character always tries to usurp the property of other through fraudulent means and file umpteen number of false cases against those especially women who are weak, meek and poor to defend themselves like the one in the present case, court dismisses those false cases but again he revoke the same and it has been a continuous practice to terrorize and traumatize his targets so that they would voluntarily submit and compromise with him and he goes scot-free from the clutches of law.
That if the Shri S.D. Falwaria finds the cases filed by him goes against him, he tactfully makes the targets to come to the settlement or compromise outside the court proceedings and after the same is achieved, he immediately files defamation cases against those targets and asks for compensation and seeks penal action against them for the so-called litigation losses incurred by him. Therefore the Shri S.D. Falwaria is totally unreliable person and his integrity is doubted and not fit to be considered for any kind of humane attitude and compassion for him from any quarter but only to be isolated from society until he mends his ways.
As a result of harassment by the Shri S.D. Falwaria with the help of the police for no reason, the mother of the Ms. Ishwar Devi and Shri M.K.Sacdeva had to lodge a complaint with the DCP of the West Zone against the Shri S.D. Falwaria for forcefully getting the thumb impression from her and that too visiting the resident after 6:00 p.m. without no woman police accompanying him and also lodged a complaint with the SHO, P.S. Hari Nagar regarding false petition filed by the Shri S.D. Falwaria. There was no action taken against the Shri S.D. Falwaria as usual since all government functionaries were bought by the Shri S.D. Falwaria through his influences of man power and money power in fraudulent manner.
The fact of Shri S.D. Falwaria having a criminal antecedent is also apparent and evident from the fact that he had been convicted along with his co-accused by the Trial Court Under Sections 380/34 of the IPC Order dated 04.03.1993 and sentenced him to under go RI for three years and to pay the fine of Rs.5000; in default of payment of fine to undergo RI for six months. The judgment had become the subject matter of an appeal before the Appellate Court which in its judgment dated 10.01.2000 dismissed the appeal. On 14.01.2000 arguments were heard on sentence and the sentence of the Shri S.D. Falwaria in the Crl. Rev. P.168/2000 case (Shri Shanker Dass Falwaria) was reduced from RI three years to six months with a further direction to pay the fine amount of Rs.5000/- in default of payment of fine to undergo RI for 15 days. When the Shri S.D. Falwaria challenged his conviction through revision petition in the Hon’ble Delhi High Court where it was dismissed as the revision petition was without any merit vide Order dated 12.11.2009. Details of the proceedings clearly speaks volumes of manipulation by the Shri S.D. Falwaria to mislead the Hon’ble Court through his unscrupulous means and thereby tried his level best to get himself acquitted.
The attitude of the MCD and Shri S.D.Falwaria shows how atrocious and ridiculous candidly in achieving unfair means to accomplish their vendetta without least sympathy for the poor, ailing and mentally challenged womenfolk by creating nuisance being neighbour; by harassing the Ms. Ishwar Devi and Shri M.K.Sacdeva with help of the local police; by forging documents to usurp the property; by filing the case to demolish the property; by not giving opportunity to defend their position by not making party in the case; by suppressing the facts and misleading the Hon’ble Court; no disclosure of reason at the time of demolition; no prior information before demolition; no proper response and remedial measures taken to safeguard the interest of the womenfolk, etc.
It is pertinent to emphasis that the above-mentioned complete series of harassment and atrocities perpetuated and executed effectively by the MCD and Shri S.D.Falwaria is owing to the so-called criminal Shri S.D. Falwaria, who has been the original harbinger in this whole episode, has been roaming around freely on bail by hook or crook in the FIR 519 filed by Shri M.K. Sachdeva otherwise the Shri S.D. Falwaria would not have mustered courage to go out of the way to endanger and threaten the lives of the Ms. Ishwar Devi and Shri M.K.Sacdeva and members of their families. Hence it is warranted for some action to prevent nefarious activities of Shri S.D. Falwaria.
From the entire sequence of events, it is evidently clear and established that the MCD and Shri S.D.Falwaria had adopted all the clandestine and nefarious manipulations and mechanizations in connivance and collusion with Shri S.D. Falwaria in torturing, harassing, humiliating the Ms. Ishwar Devi and Shri M.K.Sacdeva in terms of a severe blow to their mental peace, causing huge financial loss and also making them homeless by demolishing the Ms. Ishwar Devi’s house. MCD and Shri S.D.Falwaria have left no opportunity in disturbing and destroying the peace of mind of the Ms. Ishwar Devi and Shri M.K.Sacdeva, by their tantrums and whimsical acts and omissions by demolishing house of the Ms. Ishwar Devi illegally and arbitrarily.
The Manushi should take up this type of cases and mitigate the suffering of a spinster woman because women those who are living under similar conditions are targeted by the anti-social elements.