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IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Partap Kumare Kochhar & Ors. - Appellants
Versus
North Delhi Municipal Corporation & Ors. - Respondents
Writ Petition (Civil) No. 424 of 2021; Civil Miscellaneous Application No. 1105 of 2021
Decided On : 02-02-2021
Demolition Order - Appellate Tribunal, MCD - The court directed that the interim protection granted to the petitioner shall continue till a specified date or till the time the appeal is taken up for consideration, whichever is earlier, and thereafter, the interim protection shall be subject to orders passed by the Appellate Tribunal.
Fact of the Case:
The petitioners filed a petition impugning a demolition order dated 28.12.2020. The Appellate Tribunal, MCD was not operational at the time of filing.
Finding of the Court:
The court disposed of the petition with the direction that the interim protection granted to the petitioner shall continue till a specified date or till the time the appeal of the petitioners is taken up for consideration, whichever is earlier. The interim protection shall be subject to orders to be passed by the Appellate Tribunal.
Issues: Operational status of the Appellate Tribunal, MCD and the interim protection granted to the petitioner.
Ratio Decidendi: The court considered the likelihood of the Appellate Tribunal, MCD becoming operational shortly and extended the interim protection granted to the petitioner accordingly.
Final Decision: The petition along with pending application is disposed of with the specified direction regarding the continuation of interim protection and the role of the Appellate Tribunal.
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Learned counsel for the petitioners submits that appeals of the petitioners are listed before the Tribunal on 16.02.2021.
3. Petitioners have filed the subject petition impugning the demolition order dated 28.12.2020.
4. Learned counsel for the petitioners submits that the Appellate Tribunal, MCD is still not operational.
5. Learned counsel appearing for respondent submits that the recommendations have already been sent to the concerned Ministry and the Tribunal is likely to become operational shortly.
6. By order dated 12.01.2021 it was directed that no demolition action shall be carried out consequent to the demolition order dated 28.12.2020 in respect of the properties of the petitioners.
7. Since the Appellate Tribunal, MCD is likely to commence functioning shortly, this petition is disposed of with the direction that the interim protection granted to the petitioner by order dated 12.01.2021 shall continue till 28.02.2021 or till the time the appeal of the petitioners is taken up for consideration, whichever is earlier. Thereafter, the interim protection, if any, shall be subject to orders to be passed by the Appellate Tribunal.
8. It is clarified that the Appellate Tribunal shall consider the appeal and the application for stay without being influenced by anything stated in this order.
9. The petition along with pending application 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 by the Court Master.
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.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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 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....
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
Court ensures procedural fairness by extending interim protection until the Appellate Tribunal MCD commences operations.
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 has the discretion to grant interim protection during the pendency of an appeal, balancing the rights of the petitioner with the need to prevent unauthorized construction.
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