SDM acted in a "corrupt" manner: Delhi HC
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Last Updated: Tuesday, October 05, 2010, 00:43
New Delhi: The Delhi High Court has pulled up a Sub-Divisional Magistrate (SDM) for "abuse of his power" by passing an order in a hurry without giving any notice to the concerned parties in a land dispute case saying he conducted in a "corrupt manner".

"The parties were all along contesting rights over the land in various courts. However, the SDM, in patent abuse of his power, conducted the proceedings on 17th December, 2009, late at night, in the absence of the petitioner. When he learnt, he went to the SDM but he was not allowed to participate in the proceedings and in gross misuse of his power passed the order," said Justice Shiv Narayan Dhingra in a recent order.

Setting aside the December 2009 order passed by Vivek Tripathy, SDM, Vasant Vihar, Justice Dhingra expressed his anguish and said "it is most unfortunate that an SDM holding a responsible post in executive could have acted in such a corrupt manner that he could pass an order without caring for the orders passed by his predecessor in respect of the same land".

The court said the SDM's senior had passed an order in favour of Sanjeev Kumar Sharma after withdrawing 14 biswas excess land from K Puri, late father of Usha Puri, petitioner, in Bijwasan village.

"The present SDM in teeth of this order of his predecessor still passed the impugned order....The act of the SDM on the face of it is purely a malafide act as he had not taken into consideration the judgement passed by this court and the order passed by his Consolidated Officer and his own ADM that there was an excess land alloted to Puri and after demarcation the land was allotted to Sharma," the court said.

Following a legal battle for several years, the 14 biswas land was alloted to Sharma and physical possession was given to him with the help of local police in 2001. Again, Puri had contested the order in various forums and all went against them.

However, in December 2009, on an application of Puri for repossess, the SDM passed an ex-parte order in a hurry favouring Puri without issuing even a notice to Sharma. Later, he declined Sharma's plea for re-hearing of the matter.


First Published: Tuesday, October 05, 2010, 00:43

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