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SANJEEV SACHDEVA
Disha Garg – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - Petitioner is aggrieved by notice dated 26.03.2021 under Section 345-A of the Delhi Municipal Corporation Act, 1957 directing petitioner to stop the misuse allegedly being carried out in basement of property No.W-20, Green Park Main, New Delhi-110016.
2. It is contended that the said portion is allegedly being used for commercial purposes under the name and style of M/s. Disha Creations and office of M/s. Nyassa AstroCorp Pvt. Ltd.
3. Learned counsel for the petitioner submits that petitioner is not running any commercial activity from the basement. He further submits that only half of the basement of the subject property is in the possession of the petitioner,which is being used as storage for the purposes of storage of household articles etc. He submits that petitioner does not carry out any commercial activity in the said basement.
4. He submits that subject notice was issued without giving an opportunity to the petitioner to show cause or to even file a response to satisfy the Corporation that the basement is not being misused.
5. Issue notice. Notice is accepted by learned counsel appearing for the respondent.
6. Learned counsel for the respondent con
The principle of natural justice requires providing an opportunity to be heard before taking coercive action.
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....
The court ruled that procedural fairness requires the opportunity to respond and be heard before any decision on a show cause notice.
Revocation of a building plan requires proper service of notice, adhering to principles of natural justice and giving opportunity to respond.
The court mandated that a proper show cause notice and hearing must be provided to occupants under the DUSIB Act before any vacate orders can be enforced.
The power of judicial review is exercisable only against the final decision, not against a tentative view.
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