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SANJEEV SACHDEVA
V. M. Singh – Appellant
Versus
South Delhi Municipal Corporation – Respondent
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 b
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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