SANJEEV SACHDEVA
Suraj Bhan Chauhan – Appellant
Versus
South Delhi Municipal Corporation – Respondent
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
The central legal point established in the judgment is the requirement to adhere to the principles of natural justice as mandated by Section 338 of the Delhi Municipal Corporation Act, 1957, particul....
A revocation of a building plan without adequate notice and opportunity for hearing violates natural justice principles under the Delhi Municipal Corporation Act.
Revocation of a building plan requires proper service of notice, adhering to principles of natural justice and giving opportunity to respond.
Practice and Procedure - Show-cause notice - Violation of policy/guidelines/ provisions of MPD 2021 - Whether petitioners were served with a show-cause notice by pasting or not - Admittedly the notic....
Procedural fairness mandates that a practitioner must receive proper notice and an opportunity for a personal hearing before penalties are imposed.
Unconditional apology with a cost and subjecting further construction activity to the orders of the appellate Tribunal-MCD.
Revocation of permit requires consideration of subsequent approvals and due process, including an opportunity for personal hearing.
Unauthorized construction without proper permits is subject to court orders and potential contempt charges if violations occur.
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
Principles of natural justice must be complied with, including considering the petitioner's reply and providing an opportunity for a personal hearing before passing a demolition order.
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