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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
V.M. Singh - Appellant
Versus
South Delhi Municipal Corporation & Anr. - Respondents
W.P.(C) 50/2021& CM Appln. 196/2021
Decided On : 04-10-2021
Regularization - Unauthorized Construction - The court directed that interim protection granted to the petitioner shall continue during the pendency of the appeal, subject to the orders to be passed by AT-MCD. The petitioner was also directed not to carry out any construction activity on the subject property.
Fact of the Case:
The petitioner appealed against an order dismissing their appeal for regularization of unauthorized construction. The petitioner claimed that the property is protected by the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017.
Finding of the Court:
The court directed that interim protection granted to the petitioner shall continue during the pendency of the appeal, subject to the orders to be passed by AT-MCD. The petitioner was also directed not to carry out any construction activity on the subject property.
Issues: Impugning order dismissing appeal, interpretation of National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017, interim protection during pendency of appeal, prohibition on construction activity.
Ratio Decidendi: The court balanced the petitioner's appeal rights with the need to prevent unauthorized construction, directing that interim protection shall continue during the appeal but prohibiting further construction activity.
Final Decision: The petition was disposed of by directing that the interim protection granted to the petitioner shall continue during the pendency of the appeal before the AT-MCD, subject to the orders to be passed by AT-MCD.
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner impugns order dated 25.11.2020 whereby the appeal filed by the petitioner against order dated 31.05.2018 passed by AT-MCD has been dismissed noticing the statement of counsel for petitioner that petitioner shall apply for regularization of unauthorized construction and no interim protection granted.
2. Learned counsel for the petitioner submits that no such statement was made as the property is protected by the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017.
3. Learned counsel further submits that appeal of the petitioner is still pending before AT-MCD and is listed for hearing on 07.01.2022.
4. This Court by order dated 05.01.2021 directed that no coercive action shall be taken against the petitioner consequent to the demolition order dated 06.10.2017.
5. Since the appeal of the petitioner is pending before AT-MCD, this petition is disposed of by directing that the interim protection granted to the petitioner by order dated 05.01.2021 shall continue to operate during the pendency of the appeal before the AT-MCD and thereafter shall be subject to the orders to be passed by AT-MCD on the appeal filed by the petitioner. It is, however, directed that in the meantime the petitioner shall also not carry out any construction activity on the subject property.
6. AT-MCD shall dispose of the appeal in accordance with law without any special equities flowing in favour of the petitioner because of this order.
7. All rights and contentions of the parties are reserved.
The court has the discretion to grant interim protection during the pendency of an appeal, balancing the rights of the petitioner with the need to prevent unauthorized construction.
Interim protection against demolition can be granted during the pendency of an appeal regarding unauthorized construction, contingent upon the proper legal framework and pending appeals.
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
The court's decision was influenced by the operational status of the Appellate Tribunal, MCD and the need to ensure the continuation of interim protection for the petitioner.
The court upheld the interim protection against a demolition order, ensuring the Appellate Tribunal considers appeals without bias from the High Court's order.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
The court grants temporary protection against demolition for a property pending the resolution of a pending appeal regarding unauthorized construction, emphasizing the right to a fair hearing.
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