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2021 Supreme(Del) 1049

SANJEEV SACHDEVA
Suraj Bhan Chauhan – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocates appeared:
J.P. Sengh, Advocate, Shashi Pratap Singh, Advocate, Manisha Mehta, Advocate, R.L. Sinha, Advocate, Sanjeev Sabharwal, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Petitioner impugns order dated 22.06.2021 whereby the respondent Corporation has revoked the sanctioned building plan under Section 338 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the DMC Act).

3. Learned senior counsel for the petitioner submits that no show cause notice was ever served on the petitioner. He submits that a show cause notice dated 04.06.2021 was served on the architect and from the architect, the petitioner got to know of the same and accordingly sent a reply on 18.06.2021, however, the impugned order dated 22.06.2021 records that no reply to the said show cause notice has been received till then despite passage of stipulated time.

4. Learned senior counsel submits that no hearing as mandated under Section 338 of the DMC Act has been granted to the petitioner.

5. Learned counsel appearing for the respondent submits that show cause notice was duly sent to the petitioner by speed post. He, however, concedes that at the time of passing of the order the reply has not been taken into account.

6. He further submits that the construction plan was sanctioned unde

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