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IN THE HIGH COURT OF DELHI AT NEW DELHI
Anjeev Sachdeva, J.
Savita Arora - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P. (C) No. 2073 of 2021
Decided On : 26-02-2021
Demolition Order - Stay of Demolition Order - The court directed that no action of demolition shall be taken against the property of the petitioner till the date when the appeal of the petitioner is listed before the Appellate Tribunal, MCD. The petitioner was also directed not to carry out any construction activity till the said date, with a warning that the interim protection would stand vacated if the petitioner continued with construction activity.
Fact of the Case:
The petitioner sought stay of a demolition order to demolish their property till the Appellate Tribunal, MCD becomes functional. The petitioner had continued construction despite a work stop notice.
Finding of the Court:
The court directed that no action of demolition shall be taken against the property of the petitioner till the date when the appeal of the petitioner is listed before the Appellate Tribunal, MCD. The petitioner was also directed not to carry out any construction activity till the said date, with a warning that the interim protection would stand vacated if the petitioner continued with construction activity. The continuation of protection thereafter was made subject to the orders of the Appellate Tribunal, MCD.
Issues: Stay of demolition order, Construction activity despite work stop notice, Appellate Tribunal's jurisdiction
Ratio Decidendi: The court balanced the interests of the petitioner and the Corporation by allowing the petitioner temporary protection from demolition while also imposing restrictions on construction activity and making the continuation of protection subject to the orders of the Appellate Tribunal, MCD.
Final Decision: The petition was disposed of with the direction that no action of demolition shall be taken against the property of the petitioner till the date when the appeal of the petitioner is listed before the Appellate Tribunal, MCD, and the petitioner was directed not to carry out any construction activity till the said date.
JUDGMENT
Sanjeev Sachdeva, J. - CM APPL.8042/2021
1. The hearing was conducted through video conferencing.
2. Learned counsel for the applicant seeks leave to withdraw the application.
3. Application is dismissed as withdrawn.
W.P.(C) 2073/2021 & CM APPL.6068/2021, 8043-44/2021
1. Petitioner has filed the subject petition seeking stay of the demolition order dated 22.01.2021 seeking to demolish the property of the petitioner bearing No.3417-18, Angoori Ghata, Gali Arya Samaj, Delhi-110006 till the time the Appellate Tribunal, MCD becomes functional.
2. Learned counsel further submits that petitioner has already filed an appeal before the Appellate Tribunal, MCD but since the Appellate Tribunal, MCD was not functional, the matter now stands adjourned to 23.03.2021.
3. Learned counsel appearing for the Corporation submits that despite the work stop notice petitioner has continued to raise construction and continues to do so even till date.
4. Without prejudice to the above, it is directed that no action of demolition shall be taken against the property of the petitioner till 23.03.2021, the date when the appeal of the petitioner is listed before the Appellate Tribunal, MCD.
5. It is clarified that till the said date petitioner shall not carry out any construction activity and in case petitioner continues with the construction activity after today, this interim protection shall automatically stand vacated and Corporation shall be at liberty to take appropriate action in accordance with law.
6. It is further clarified that in case petitioner complies with the direction not to raise any further construction till 23.03.2021, continuation of protection thereafter shall be subject to orders of the Appellate Tribunal, MCD. Appellate Tribunal, MCD shall consider the appeal/stay application of the petitioner without being influenced by this order.
7. Petition is accordingly disposed of in the above terms.
8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
The court has the discretion to grant temporary protection from demolition while imposing restrictions and making the continuation of protection subject to the orders of the relevant appellate author....
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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.
The court has the authority to restrain the respondent from proceeding with demolition proceedings for a limited period and can allow the petitioner to seek early hearing of the appeal and stay appli....
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
The court upheld the principle of due process, granting a temporary stay on demolition orders pending resolution of the pending appeal before the Appellate Tribunal.
The court emphasized the need for timely decisions in demolition cases to prevent irreparable harm, and mandated that authorized legal representation is critical in such proceedings.
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