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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Sunil Wadhwa - Appellant
Versus
South Delhi Municipal Commissioner - Respondent
W.P. (C) No. 1781 of 2021; C.M. Appl No. 5123 of 2021
Decided On : 26-02-2021
Restraint - Demolition Proceedings - The court directed a restraint on the respondent from proceeding with the demolition proceedings against the property of the petitioner for a period of three weeks, allowing the petitioner to move an application before the Appellate Tribunal for early hearing of the appeal and stay application.
Fact of the Case:
The petitioner sought a restraint on the respondent from proceeding with the demolition proceedings against the property till the Appellate Tribunal, MCD becomes operational.
Finding of the Court:
The court disposed of the petition with a direction that no coercive action shall be taken against the property of the petitioner for a period of three weeks, allowing the petitioner to move an application before the Appellate Tribunal for early hearing of the appeal and stay application.
Issues: Restraint on demolition proceedings, functionality of the Appellate Tribunal, MCD, and early hearing of the appeal and stay application.
Ratio Decidendi: The court considered the functionality of the Appellate Tribunal, MCD and directed a restraint on the respondent from proceeding with the demolition proceedings for a limited period, allowing the petitioner to seek early hearing of the appeal and stay application before the Appellate Tribunal.
Final Decision: The petition was disposed of with a direction that no coercive action shall be taken against the property of the petitioner for a period of three weeks, and the petitioner was permitted to move an application before the Appellate Tribunal, MCD for early hearing of the appeal and stay application.
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner has filed the subject petition seeking a restraint on the respondent from proceeding with the demolition proceedings against the property of the petitioner till the Appellate Tribunal, MCD becomes operational.
3. It is contended that Appellate Tribunal, MCD was not functional because the Presiding Officer had not yet taken charge.
4. It is informed by learned counsel for the respondent that the Presiding Officer, Appellate Tribunal, MCD has taken charge today and the hearing of appeals have commenced.
5. Learned counsel for the petitioner submits that the appeal of the petitioner stands adjourned to 16.07.2021.
6. In view of the above, this petition is disposed of with a direction that no coercive action shall be taken against the property of the petitioner for a period of three weeks from today.
7. Petitioner is permitted to move an application before the Appellate Tribunal, MCD within one week for early hearing of his appeal and stay application. On such an application being filed, Appellate Tribunal, MCD shall take up the stay application for consideration within the said period of three weeks.
8. The continuation of protection thereafter shall be subject to orders to be passed by the Appellate Tribunal, MCD. It is clarified that the Appellate Tribunal, MCD shall consider the appeal/stay application of the petitioner without being influenced by anything stated by this Court in any of its orders.
9. Petition is disposed of in the above terms.
10. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
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.
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.
Court ensures procedural fairness by extending interim protection until the Appellate Tribunal MCD commences operations.
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 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 has the authority to restrain coercive action against a property pending appeal and regularisation application.
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
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