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1993 Supreme(SC) 477

P. B. SAWANT, M. N. VENKATACHALIAH, N. P. SINGH
Shiv Kumar Chadha: D. M. Sawhney: D. R. Chawla – Appellant
Versus
Municipal Corporation Of Delhi – Respondent


Advocates:
BINA GUPTA, KAPIL SIBAL, MONIKA MOHIL, R.M.Bagai, R.P.SHARMA, RANJIT GHOSAL, V.SHEKHAR

Judgement Key Points

Key Points: - The court notes that no court shall entertain suits, applications or orders for injunction against the Commissioner's orders under certain sections, with appeals to the appellate tribunal and administrator as the remedy; courts should ordinarily direct aggrieved persons to pursue those remedies (!) (!) (!) . - The judgment discusses requirements for granting temporary injunctions, including that ex parte orders must have reasons recorded, must be limited in duration with service of notice, and a strong prima facie case is required for maintainability and balance of convenience (!) (!) (!) (!) (!) . - It emphasizes that where a statute provides a complete machinery and bars civil court jurisdiction, the remedy provided therein must be followed, though a court may entertain a jurisdictional challenge on grounds of jurisdictional error or non-application of the act; the exact scope depends on whether the act creates a right/liability and provides remedies within the statute (!) (!) (!) (!) (!) (!) (!) .

What is the jurisdiction of courts vs. appellate tribunals under the Delhi Municipal Corporation Act regarding demolition orders and sealing of unauthorised constructions?

What are the conditions and requirements for granting ex parte temporary injunctions in proceedings challenging demolition orders?

What constitutes a valid remedy or forum for aggrieved parties under Section 343 and related provisions when dealing with demolition/sealing orders?


JUDGMENT

N. P. SINGH, J. - Special leave granted.

2. These appeals have been filed against an order passed by the Delhi High Court directing the Municipal Corporation of Delhi (hereinafter referred to as "the corporation") to issue appropriate notices to the owners/occupiers/builders of the buildings where illegal constructions have been made. A liberty has been given to the owners/occupiers/builders to file fresh building plans with the Corporation in conformity with the existing bye - laws. The building plans as filed are to be examined in accordance with the law. The Corporation has been directed that if it finds that the constructions are beyond the compoundable limits, then to seal the same and to demolish thereafter.

3. The appellants have no grievance so far as the aforesaid part of the order is concerned. They have sought interference of this Court with the other part of the order, where it has been said that "no civil suit will be entertained by any court in Delhi in respect of any action taken or proposed to be taken by the corporation with regard to the sealing and/or demolition of any building or any part thereof. Any person aggrieved by an order of sealing or demolitio






























































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