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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Axle Energy Pvt. Ltd. & Anr. - Appellants
Versus
Directorate Of Enforcement & Anr. - Respondents
Civil Writ Petition No. 14995 of 2021, Civil Miscellaneous Application No. 47320 of 2021
Decided On : 23-12-2021
possession notice - stay of possession notice - The court allowed the petitioners to maintain status quo regarding the possession notice until their appeal and application assailing the order are taken up by the Tribunal.
Fact of the Case:
The petitioners challenged the possession notice issued by the respondent and sought a stay on the operation of the notice until their appeal is considered by the Tribunal.
Finding of the Court:
The court partly allowed the writ petition by directing the parties to maintain status quo regarding the subject matter of the impugned order until the petitioners' appeal and application are taken up by the Tribunal. The respondents were restrained from taking any further action in pursuance of the impugned order and notice until then.
Issues: The issue was the operation of the possession notice and the threat of the respondents to take possession of the premises before the petitioners' appeal is considered by the Tribunal.
Ratio Decidendi: The court's decision was influenced by the fact that the Appellate Tribunal was not functional, and the petitioners' appeal and application were pending consideration. The court aimed to maintain the status quo until the Tribunal takes up the petitioners' appeal and application.
Final Decision: The court allowed the petitioners to maintain status quo regarding the possession notice until their appeal and application assailing the order are taken up by the Tribunal.
JUDGMENT
Sanjeev Sachdeva, J. - CM APPL. 47321/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 14995/2021
1. The petitioners assail the possession notice dated 17.09.2021 issued by the respondent.
2. Learned counsel for the petitioners submits that being aggrieved by the impugned order, the petitioners have already preferred a statutory appeal along with an application for stay in February, 2021 before the Appellate Tribunal, PMLA, which is not being taken up for consideration as the Tribunal is presently not functional for want of quorum. He submits that taking benefit of the said fact, the respondents have already issued the impugned possession notice on 17.12.2021 and are threatening to take possession of the premises which form subject matter of the adjudication order dated 14.01.2021. He, therefore, prays that the operation of the impugned order and notice be stayed till the petitioners appeal is taken up for consideration by the Tribunal.
3. Issue notice. Mr. Amit Mahajan, CGSC, accepts notice on behalf of the respondents and is not in a position to dispute the fact that the Appellate Tribunal is presently not functional.
4. In these circumstances, the writ petition is partly allowed by directing the parties to maintain status quo qua the subject matter of the impugned order till the petitioners appeal and application assailing the order dated 14.01.2021 are taken up by the Tribunal. Consequently, the respondents will stand restrained from taking any further action in pursuance of the impugned order and notice till then.
5. Needless to state, this Court has not expressed any opinion on the rival contentions of the parties. It is further made clear that this order will merge with any order which may be passed by the Tribunal in the petitioners appeal and application, as and when it becomes functional.
The main legal point established in the judgment is the court's power to direct the maintenance of status quo regarding a possession notice until the appeal and application are considered by the Trib....
The court's decision was based on the principle of maintaining status quo and ensuring that the petitioners' appeal is considered before any further action is taken.
The court upheld the necessity to maintain status quo during ongoing appeal proceedings due to the non-functionality of the appellate tribunal.
The main legal point established in the judgment is the court's power to restrain coercive action based on an impugned order until a statutory appeal is filed and considered by the Appellate Tribunal....
The appellate court correctly dismissed the stay application, affirming the need for the defendant to argue the appeal on merits without unnecessary delays.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
The court clarified that an injunction cannot stand if the party seeking it is not presently in possession of the property.
The court clarified that an injunction operates prospectively, and actions taken prior to the order do not constitute a breach.
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