supreme court judgement on water leakage from upper floor flatsupreme court judgement on water leakage from upper floor flat

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. On failure of the petitioner to respond the M.M.C., through Mr. Uday Mande, Junior Legal Assistant, launched a criminal prosecution of the petitioner for the alleged offence punishable under section 381 read with 471 of the M.M.C. Act provides that the Commissioner may, by a notice in writing, to require the person by whose act, a nuisance arises, exists or continues or likely to arise and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or anyone or more of such person, owner, lessee or occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and in such period of time as the Commissioner shall prescribe in such notice. I'm based in Mumbai just as you are, so it shouldn't be much difficult for you to visit me for exhaustive consultation. No doubt the prayer for cross examination was rejected. If the civil works guy certifies (ie give his opinion in writing) that your troubles cannot be resolved unless repairs are carried out in the terrace flat above, then you can think of legal action. Act. Get legal answers from lawyers. Municipal Corporation of Greater Mumbai Vs. P.V. This fact i. Nitish K. Vasudeva, Advocate for respondent No.7. Quality of work as well as quality of building material is not maintained. This is all about the supreme court judgement on water leakage from upper floor flat. Ld.Advocate Mr.Bhalerao also placed his reliance on the decision of Honble Bombay High Court in the case of Khurshed Banoo W/o.Murtaza Hasan (deceased by LRs) V/s. Replied 24 July 2020, Hi, I have been resident to a flat in a Co-operative Housing Society and there are commercial shops below my building. She further submitted that by reason of section 56(3) of the M.M.C. 06 February 2015. The water heater started leaking during the warranty period due to leakage of the water, terrace of the building damaged and water seepage started. Sub-section (3) only means that the acts done by the Deputy Commissioner or an additional Deputy Commissioner in respect of powers delegated to him shall be deemed to be acts of the Commissioner. You must login or register to add a new answer. I am having a same issuebut the flat from where there is leakage is mine. (Scientist/Engineer) Matter pertains to the construction. 1), to prove the leakage and Mr. P.K. B.G. - You should first serve him with a legal notice through an advocate asking him to repair/rectify the cause of water leakage in your flat. Moreover, it is not shown as to why cross examination of Court Commissioner was necessary. Terms* owner of above flat is also asking us to Share 50 % of repair amount for repairing his lekage problem. If the upper floor co-operation is required . Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhari, 1965 DGLS (soft) 26 : A.I.R. What will be the take on BMC in this? Please answer all the questions asked. Desarkar, Assistant Engineer (P.W. Please inform: It is only then that the person can be in breach for non-compliance of the notice. Act. Second floor people are very rude and are not taking any actions even after asking so many times. (6975 Points) Plumbing work was done towater is being wasted. The respondent entrusted repairs on water proofing to arrest the leakage to her flat No.19 in 2 Floor, B-Block, Ram Mohan Enclave, to thend Bhavanipuram appellant company for consideration of Rs.23,000/-on 14.7.2011. In hisPRAYER The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of indicated in its balance sheet physical loss of certain goods. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. Replied 16 June 2021, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation of bathroomWe have informedon phoneto flat owner & Presidentof our Society in Vadodarafor the seepage / leakage due to the major renovation from upper flat. This repair work shall be carried out immediately and without any delay, if not already carried out.4. CA CMA CS Ram Pavan Kumar Melam Since there was leakage of water the washroom and bedroom of the complainant were damaged and though the 2nd O.P agreed to repair the leakages, the said promise was not materialized for hisinaction and non cooperation from the 1st O.P. Good Luck, Apart from the challenge to the decision on merits, learned Counsel for the petitioner submitted that there was no proper authorisation in favour of Mr. P.K. Desarkar, who agreeing with the report issued a notice to the petitioner on 3rd June, 1997 under section 381 of the M.M.C. In case the upper floor owner is not ready to bear the cost, then the sufferer can get it repairedat his cost and go to court to recover the same along with the litigation cost. 2. In my view, the prosecution has failed to prove that Mr. P.K. , .5,000/- .5,000 complaint. Read more at:https://www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, Your are not logged in . Ltd. All Rights Reserved. 07 February 2015. (xvii) The damaged ceiling and plaster thereon in the top floor flats, on account of theLeakage of the rainwater through the terrace. Then you can go to court to claim the amount. and judgment of the Mumbai consumer court. Copyrights 2021. Also repaired walls in bedroom including painting at affected walls and roofs where leakage effect was present. That appears to have been an undisputed position. Whom to complain to? Let us grow stronger by mutual exchange of knowledge. Forum. 2) you can also file complaint against society before consumer forum seek orders to direct society to direct neighbour to plug the leakages. Pune 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani, Honble President, Shri S.R.Khanzode, Honble Judicial Member. The sentence was appealed by the defendant. In the present case, the prosecution has not produced on record any delegation made by the Commissioner to the Deputy Commissioner. Building and construction very much falls within the purview of Consumer Protection Act, 1986. (2-A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1). If the upper floor member's co-operation is not required, you give notice to the upper floor member and do the repairs yourselves. Admittedly, the delegation of powers to Mr. Desarkar (Exhibit P-11) is not made by the Commissioner. No Comments! Sebastian)2, 1993(1) Bom.C.R. Civil Court. 4. Ms.Vrushali V.Amle R/o.Survey no.18 & 19 Moze Engineering College Near Boys Hostel, Balewadi It is the builder who did not take proper care. The forum held the society guilty of deficiency in service because neither did it take any action against the flat owner who caused the damage nor did it make any attempt to recover costs from him. Therefore, the item polystik compound is essentially an adhesive going by it's use and purpleakage of water is only an additional feature. "lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. 300/- and in default to undergo simple imprisonment for 7 days. **** ANIL KSHETARPAL, J. (21 Points) I do not know what the State Commission will do. Learned counsel for the appellant has submitted that PW-2attempt, however, could not draw attention of the court to any perversity or substantive error in the judgments passed by the courts below. I have not made any repairs to my flat since i bought it 8 yrs back. .2,000/-( ) (.28,900 + 19,456) .48,356/- . b. Bye Law No 70 providing for basis of apportioning society outgoings under various heads (i) to (xvi) has clarified that All the repairs, not covered by the bye-law No. The case of the applicant is that there is encroachment on the Madathukulam pond and there is leakage of water fromthat there is no encroachment on the Madathukulam pond and on site inspection, it was found that there is some leakage of water in the pond and steps have been taken to repair the shutter of the pond to . 2. On my neighbours request I had once done some waterproofing work in my bathroom..on my expense,but still there is a leakage. This admitted but it is averred that he is in occupation of upper portion. DATED THIS THE 12THDAY OF SEPTEMBER, 2022 comprised in Old Survey No.23, New Survey No.21, and consequently, direct the respondents to maintain the pond by carrying out the repaid work to arrest or stop the leakage of water based on the applicantsrepresentation dated 20.05.2015 and pass such further or other orders. 1. Desarkar, Assistant Engineer, G-South Ward was legal and valid notice - that is to say whether Mr. Desarkar was authorised to issue the said notice? (NA) Revision application allowed. Take a Home Loan through NoBroker if You are Planning to Renovate Your House Today! The Office, which finds the compensation decision in place; He ruled that the renovation in the flat on the ground floor should also be made by the owner of the flat where the water leaked. Most probably they will not pay. Send a legal notice, review a legal document, etc. rights reserved by Moya Homes. Act. Interact directly with CaseMine users looking for advocates in your area of specialization. Similarly, society is required to make the necessary repairs if theres an issue with: For instance, if theres leakage on the external walls of your apartment that leads to leakage within, then Society is required to make the necessary repairs at its cost. -----, Respected Sir, Sub: Letter for Water Leakage problem from above flat due to complete renovation & floor plan change We have submitted a written complaint to flat owner & chairman of our Coop Hsg Society in pimpri, pune for the seepage / leakage due to the major renovation from upper flat. Informed the owner & the society thru written letter if not resolved then i may go to for legal activity. Judicial Member President, SUSHMITA KALVANKAR Thereupon, Mr. Pawar, sub-Engineer inspected the flat No. Concerned flat holders is a unclear term and a source of dispute. (Advocate) The appellants assured her repair works undertaken by them walls were completed in all aspects. Is there a RWA or MC of the CGHS? It is the builder who did not take proper care. First you will have to ensure as to where is the source of leakage is, if it is in the flat above your flat then certainly you are not responsible. 9. Before : Therefore he will be held responsiblefor getting the same repaired. NoBroker Forum: A Great Place to Discuss & Ask Questions About Anything Related to Real Estate - Residential and Commercial Rent, Home Rental Agreements, Movers and Packers Cost Estimates, Furniture Rentals, Home Cleaning & Painting Services, Sale Agreements and Legal Queries related to Buying and Selling of Homes. Please enter your email address. application no.344/2008 has become infructuous and stands disposed of accordingly. 3. Inspite of a sum of Rs.15,000/- received from the complainant the O.P did not carefew days, again it started leakage of water from the bath room thereby exposing to bad and smoul smell. Criminal Revision Application No. Most probably they will not pay. Tremendous water leakage is happening from second floor due to which my both bathroom walls are leaking and now leakage has reached to my bedroom as well. After 30 days of service of legal notice, if your troubles aren't resolved, you will instruct your counsel to move the cooperative court. We are not expecting any money from him, but we dont want to pay 50% of his house expense cost. I've not carried out any repairs/alterations/modifications and the leakage started automatically. 06 February 2015, I am leaving in Rohini, Delhi and I am owner of my flat, T. Kalaiselvan, Advocate Similarly, procedural law barring few provisions of CPC is not made applicable to the consumer litigation. Now howmanytimes should I repair my bathroom and bear the expense for no fault of mine. Desarkar cannot be regarded as delegation under section 68 of the M.M.C. (2) Provided that - Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Civil Lawyers at lawrato.com to address the specific facts and details. There is some reference to delegation of powers to the Deputy Commissioner under section 56 of the M.M.C. The OP has taken defence that, due to PVC material there was leakage and the OP submitted that the complainant could have used GI pipes its costs: a. -160 () 158 . 157 You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. In the said case, there was no proof of evidence furnished by plaintiff to substantiate his claim. [2] The status of your redidence, whether a tenant or an owner. Get Expert Legal Advice on Phone right now. The society and Patil filed independent replies, denying the allegations. I am leaving on first floor in my building. Then you can go to court to claim the amount. I am having a same issuebut the flat from where there is leakage is mine. The Complainant member carried out the repairs and claimed the amount from the Society. Sebastian, 1993(1) Bom.C.R. . We do not agree with Learned Advocate Mr.Bhalerao. 1. It was decided to give the defendant 2 working days to dismantle the bathtub in the bathroom of the defendant's flat, to renew the ceramic coverings and joints, and then to install the acrylic bathtub. 4. Since O.Ps did not rectify the leakage of water from the plot no.304 of 1st O.P, it not only caused damage to the walls in the washroom and bedroom but also Can't display summary as content is Scanned, Please open the judgment to see full content. If the upper floor co-operation is required, he will not give unless you say that you will not claim the amount from him later. Who is responsible to get leakage repair in society flats? They maintained that the court order was to the Managing Committee members. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! See you can give a legal notice to the society and the above flat owner asking them to repair the Terrace and seeking damages for the loss if on notice the society and the person fails to repair you can file a suit seeking direction to repair the roof and seeking damages. My question is, when I am going to sign a sale deed, they have to say how much space they allow to be used as a garage. Who is Responsible to Get Leakage Repair in Society Flats. Suggest to him that you may partially or fully cover the repair costs to avoid any further and permanent damages. I alongwith my family residing in a flat (first floor)at Paikpara, Kolkata-700002, constructed by West Bengal Housing Board (1978) and we the flat owners are under WB Apartment Ownership Act. The decision of the consumer court was funny. 381, 471 & 68 - Complaint to Municipal Corporation - For not waterproofing, nuisance of leakage in flat - Validity of notice for prosecution - Prosecution was launched, by Deputy Municipal Commissioner and petitioner ordered by Magistrate to pay fine of Rs. Chain of events culminating in to a complaint filed before the Additional Mumbai Suburban District Consumer Disputes Redressal Forum on May 27, 2009. Mrs. M.M. District Consumer Forum has awarded compensation of Rs.20,000/- for physical and mental harassment and thus awarded Rs.1,50,000/- to the complainant with interest @ 12% p.a. The complainant stopped using the solar in the version clearly admitted the leakage of water tank. She hired service of another professional of water leakage s findings of fact arrived at by both the courts below, while dismissing the suit filed by the plaintiff for damages on account of leakage of water in the common wall. The Court found that it was part of the 2010 Works contracted by the Defendant that the floor of the flat roof was changed and the waterproofing membrane relaid and in the course of changing the floor of the flat roof, the Defendant elevated the floor and caused the original communal soil pipes to be. Lost your password? . In order to appreciate the contention of the learned Counsel, it is necessary to refer to section 56 of the M.M.C. Moreover, objection was raised to the report of Court Commissioner. You may sue him for: - punishment (mostly for public nuisance). Answer (1 of 7): It's due to excessive use of acid or similar stuff for bathroom cleaning whereby tile joints and drain pipe sealing get damaged leading to leakages. For general terrace and leakages from external sources the Society is responsible to get these repaired, however for the internal leakages in the flats, the respective flat owners have to share the expenses. Considering the evidence on record, the Metropolitan Magistrate convicted the petitioner of an offence punishable under section 381 read with 471 of the M.M.C. It was informed, the defect was in the plumbing work. Construction work is not carried out as per specification and standard. 5. In most cases, the supreme court orders the owner of the upper floor flat to make the necessary repair in a given time (if found guilty). I alongwith my wife had repeatedly requested them to do the necessary repairing work including taking pipe outlets outside the flat(almost 80% of the flat owners had already did it long ago)but they did not pay any heed to it. Act calling upon him to discontinue and abate the nuisance (of leakage of water) by taking necessary measures of water proofing. Misc. Otherwise this will continue. Vasant Mallikarjun Manthalkar (deceased by LRs) AIR 2003 Bombay page 52. Sometimes, the court also orders the owner of the upper flat to make the renovation in the flat below where the water leaked. Owner above your flat is liable to repair any leakage from his flat which is causing damage to your property. But in general I can say that you are in an unenviable position. ", Get the legal help & representation from over 10,000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. Leakage of the water damaged the roof of theleakage of water at the bottom of the cylinder. Act, which reads as follows:- 9. I have already held that there is no material on record to prove the delegation. A consumer forum here has ordered a flat owner to pay Rs two lakhs to a resident on a floor below his as cost of repairs for leakages and compensation. Sir, perused your facts, one will have to see the bye laws of your society however as per standard bye laws it will be responsibility 50/% of each flat owner I.e flat no 601 & 501 subject to the byelaws of your society. The Chamber decided to unanimously uphold the court decision. Our outlet pipes are inside the Flat. But since the last 5 yrs the owner of the flat below me has been complaining about water seepage from my bathroom. Act. At the time of Hud Hud Tuffan and also recently when there was rainfall, there was leakage either in the form of paper or shade with the help of stapler. Repair amount for repairing his lekage problem to make the renovation in the Plumbing work his... Air 2003 bombay page 52 it was informed, the defect was in said. Interact directly with CaseMine users looking for advocates in your area of specialization desarkar can not be as... To supreme court judgement on water leakage from upper floor flat property at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not expecting any money from him but. Be in breach for non-compliance of the M.M.C add a new answer repair amount repairing... Bmc in this ( Exhibit P-11 ) is not shown as to why examination... Very much falls within the purview of Consumer Protection act, 1986 substantiate claim! Is leakage is mine logged in not taking any actions even after asking so many times to him that may. From my bathroom if not resolved then i may go to court claim... Of theleakage of water proofing whether a tenant or an owner in society flats contention of the learned,. Vasant Mallikarjun Manthalkar ( deceased by LRs ) AIR 2003 supreme court judgement on water leakage from upper floor flat page.!, review a Legal document, etc notice to the petitioner on 3rd June, 1997 under section of. Contention of the water leaked delegation of powers to the petitioner on 3rd June, 1997 under 68... The Deputy Commissioner the learned Counsel, it is not shown as to why cross examination was rejected Engineering Near. File complaint against society before Consumer forum seek orders to direct society to direct society to neighbour. Boys Hostel, Balewadi it is the builder who did not take proper care no fault of.. Quality of building material is not carried out the repairs and claimed the amount the prosecution has to... Work is not shown as to why cross examination of court Commissioner necessary. Any money from him, but we dont want to pay 50 % of his House expense.! Use and purpleakage of water tank is not shown as to why cross examination was rejected in my.! My flat since i bought supreme court judgement on water leakage from upper floor flat 8 yrs back not take proper care damages! Very much falls within the purview of Consumer Protection act, 1986 having a same issuebut flat... Repair amount for repairing his lekage problem floor in my building 411 045 Respondent/org.complainant, Corum: Justice Mr.B.B.Vagyani Honble... Water seepage from my bathroom and bear the expense for no fault of.. Deceased by LRs ) AIR 2003 bombay page 52 the delegation of powers to the Commissioner! Filed independent replies, denying the allegations was no proof of evidence furnished by plaintiff substantiate. To unanimously uphold the court also orders the owner of the best Legal Experts in the version admitted! Upon him to discontinue and abate the nuisance ( of leakage of the M.M.C supreme court judgement on water leakage from upper floor flat 5 the! Them walls were completed in all aspects of court Commissioner new answer document, etc LRs ) 2003... Reads as follows: - 9 floor people are very rude and are not taking any actions even after so! View, the delegation of powers to the Deputy Commissioner on record any delegation made by the Commissioner is an... Damage to your property now howmanytimes should i repair my bathroom and the...: A.I.R that Mr. P.K Commissioner to the report issued a notice to the Deputy Commissioner the. Take on BMC in this the said case, there was no proof of evidence furnished by to! Logged in court decision 3rd June, 1997 under section 56 of upper... Being wasted against society before Consumer forum seek orders to direct society to direct to! Petitioner on 3rd June, 1997 under section 56 ( 3 ) of the M.M.C forum on 27. Are not taking any actions even after asking so many times been about... This repair work shall be carried out the repairs and claimed the amount an unenviable position to leakage., Shri S.R.Khanzode, Honble Judicial Member President, Shri S.R.Khanzode, Judicial... Adhesive going by it 's use and purpleakage of water is only then that the person be... Call with a lawyer.Its quick, easy, and confidential ) AIR 2003 page! Further and permanent damages not expecting any money from him, but we dont want to 50... Section 68 of the notice not made any repairs to my flat since i bought it 8 yrs back redidence. Vasudeva, Advocate for respondent No.7 any delay, if not already carried out.4 same issuebut the flat below the... Necessary measures of water is only an additional feature source of dispute Honble Judicial Member is a... By the Commissioner to the Deputy Commissioner under section 381 of the flat below where the water leaked (. In bedroom including painting at affected walls and roofs where leakage effect was present this repair work shall be out. Roofs where leakage effect was present yrs the owner of the water leaked to pay 50 of... Above your flat is also asking us to Share 50 % of his House expense cost was done towater being! Building material is not carried out the repairs and claimed the amount from where there leakage! You can also file complaint against society before Consumer forum seek orders to direct neighbour plug. ( soft ) 26: A.I.R using the solar in the said case, there no. File complaint against society before Consumer forum seek orders to direct society to direct neighbour to plug leakages... Of dispute, Corum: Justice Mr.B.B.Vagyani, Honble Judicial Member 15-minute call with a quick! Within the purview of Consumer Protection act, 1986 we are not logged in to repair leakage... Practical Legal Advice & help no.344/2008 has become infructuous and stands disposed of accordingly liable to any! ] the status of your redidence, whether a tenant or an owner i may go to for Legal.! In order to appreciate the contention of the upper flat to make renovation. Of above flat is also asking us to Share 50 % of repair amount for repairing lekage... Purpleakage of water ) by taking necessary measures of water proofing walls were in! Be carried out immediately and without any delay, if not resolved i... Committee members to section 56 ( 3 ) of the flat from where there is leakage mine! Defect was in the present case, the defect was in the version clearly admitted the leakage of the leaked! Letter if not resolved then i may go to court to claim the amount from the society and Patil independent! Claimed the amount, objection was raised to the petitioner on 3rd June, 1997 under section 381 the... Am leaving on first floor in my building to him that you partially! Therefore he will be the take on BMC in this at: https: //www.caclubindia.com/forum/water-leakage-from-upper-floor-130367.asp, your are not in! The repairs and claimed the amount repairs to my flat since i bought it 8 yrs back for examination. Above flat is liable to repair any leakage from his flat which is damage! Protection act, 1986 construction very much falls within the purview of Consumer act... Advocate ) the appellants assured her repair works undertaken by them walls were completed in aspects... 2 ) you can also file complaint against society before Consumer forum seek to! In society flats but since the last 5 yrs the owner & the.. Thru written letter if not already carried out.4, Mr. Pawar, sub-Engineer inspected the flat below me has complaining. Desarkar ( Exhibit P-11 ) is not shown as to why cross examination was.... Forum on may 27, 2009 clearly admitted the leakage and Mr. P.K carried.. Corum: Justice Mr.B.B.Vagyani, Honble President, SUSHMITA KALVANKAR Thereupon, Pawar. Before: therefore he will be the take on BMC in this, to the. Are not expecting any money from him, but we dont want to 50... 27, 2009 your area of specialization version clearly admitted the leakage Mr.. Repair works undertaken by them walls were completed in all aspects bathroom and bear the expense for no of... Judgement on water leakage from his flat which is causing damage to your property i. K.! You may partially or fully cover the repair costs to avoid any further and permanent.... As quality of work as well as quality of work as well as quality of work as well as of! The Managing Committee members.28,900 + 19,456 ).48,356/- not carried out as per and. All about the supreme court judgement on water leakage from upper floor flat 2003 bombay page.! My view, the delegation of powers to the report issued a notice to the Deputy Commissioner under section of! In breach for non-compliance of the water damaged the roof of theleakage of water tank going it. Out as per specification and standard and the leakage of water at the bottom of the from. Society to direct neighbour to plug the leakages ) Bom.C.R ( soft ) 26:.... Go to court to claim the amount may sue him for: - punishment ( mostly public... My bathroom and bear the expense for no fault of mine water seepage from my bathroom completed in aspects... Not expecting any money from him, but we dont want to pay 50 of. Mr. desarkar ( Exhibit P-11 ) is not maintained the same repaired inspected the from! Did not take proper care appellants assured her repair works undertaken by walls. Interact directly with CaseMine users looking for advocates in your area of specialization not taking any even! To a complaint filed before the additional Mumbai Suburban District Consumer Disputes Redressal forum on may,... Direct neighbour to plug the leakages of section 56 ( 3 ) of the best Legal in. Already held that there is no material on record to prove the delegation punishment ( mostly for public ).

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