In reference

to the complaint made by one person namely

Shyam Sunder S/O Radhey Shyam

placed opposite in the file.

D-141, Mauz Pur Delhi

It is submitted that I have been

assigned the duty as Nodal Officer on behalf of North Delhi

Municipal Corporation

before the Appellate Tribunal MCD

(ATMCD) ,Tis Hazari District Court to look after the matters of

North DMC, assist the Hon,ble Court , to appear before the
court in case any counsel fails to appear, to get the compliance
from zonal officers and to inform the higher officials in case of
any adverse order is passed.
The present complaint is
allegations ever

the most frivolous

, baseless

levied against the undersigned.

The

allegations are not only against me in personal capacity but

also an attempt to create hindrance in discharge of my duties
as an Nodal Officer. The Tribunal is being presided over by a
Senior Additional District & Session Judge who very well knows
about Court proceeding and How to maintain the decorum of
the Court. In the present Complaint, the baseless allegation of

shouting and interfering in court proceeding is in itself

contemptuous as it is not a allegation against undersigned but
also raises finger against the Presiding Officer who is alleged to
have never stopped the undersigned.

Had there been any

substance in the allegation, the Presiding Officer herself could

have reported the matter to Commisioner, MCD. But this is not
so.
The arguments is primarily done by the Municipal Counsels and
being Nodal Officer, undersigned assist the Tribunal only in the
absence of any Municipal Counsel.
The allegation of sharing Rs.1000000/- and that too with Ms.
Raj Rani Mitra ,Additional District & Session Judge is highly
scandalous , malicious and a clear attempt to malign the
reputation of the undersigned , Presiding Officer who is a AD&SJ
and of course, the judiciary as an institution. This kind of
malicious complaint is nothing but a sheer misuse of Freedom ,
Our Constitution Provides to a citizen. Freedom of Speech and
expression

does not allow any body tarnish any ones

reputations on the basis of concocted allegation, throwing mud

on the official functionary and upon the Judiciary as an
Institution.

In

proceeding

Complainant/third

before

the

person

cannot

Appellate
become

Tribunal,
party

to

An
the

proceeding Hence the application under Order I Rule 10 CPC, is

rejected and not entertain . This legal proposition is upheld in
Re: Hardayal Singh vs MCD passed by Hon,ble High Court of
Delhi.
In light of the above judgment, a person who makes complaint
about unauthorized construction cannot be impleaded in the
array

of

parties

in

the

proceeding

before

the

ATMCD.

Unfortunately, many lawyers who knowingly or unknowingly

inspite of settled legal preposition, again and again file the
application under Order I Rule 10 CPC
Complainant/third party
rightly.

on behalf of

which is dismissed by the Court out

In this light, No intervention on behalf of any

Complainant can be entertained.

From the contains of the complaint, it appears that applicaiotn
of the complainant might have been dismissed by the Hon,ble
Court as per legal preposition discussed above. Out of revenge,
the allegations have been levied against the undersigned,
Presiding Officer as well as Municipal Counsel.

Besides, the

address of the Complainant given in the present complaint is

that of area falls under the jurisdiction of EDMC hence as Nodal

Officer of North DMC, has even other wise, nothing to do with
EDMC.
The North DMC , as per procedure submits the original Record
of Unauthorized Construction or Sealing record as the case may
be. Once the Original Record is before the Court, it is the court
to go through the said Record and interpret the same as per
DMC Act, BBL and other statues. Hence, the question of
demanding alleged amount and keeping mum is a sheer
attempt to throttled the undersigned who is discharging her
duties and also

raising the finger at the competency, and

integrity of the Presiding Officer.

Last but not least, this complaint is a false, frivolous, concocted
complaint without any basis . Another poi