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SANJEEV SACHDEVA
Devender Balhara – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J.
CM APPL.2326/2021 (exemption)
Exemption is allowed subject to all just exceptions.
1. The hearing was conducted through video conferencing.
W.P(C) 887/2021 & CM APPL.2327/2021
2. Petitioner seeks a restraint on the respondent from taking coercive action till the time his appeal filed before the MCD Appellate Tribunal is taken up for hearing.
3. Petitioner is aggrieved by a speaking order dated 15.01.2021 whereby, the representation of the petitioner seeking a restraint on the respondent from taking action against his alleged unauthorised construction was rejected.
4. Learned counsel for petitioner submits that petitioner has filed an application seeking regularisation of his construction, which application is still pending and without disposal of the same, subject order has been passed. Learned counsel for petitioner further contends that petitioner has already filed an appeal before the MCD Appellate Tribunal, however, since the MCD Appellate Tribunal is not sitting, he has approached this Court
5. Learned counsel appearing for the South Delhi Municipal Corporation submits that he is not aware as to whether the regularisation application has been disposed of
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
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 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.
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
Interim protection against demolition can be granted during the pendency of an appeal regarding unauthorized construction, contingent upon the proper legal framework and pending appeals.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
The court emphasized the necessity of procedural fairness, ruling that no coercive action could be taken against the petitioner’s property while an appeal before the Appellate Tribunal is pending.
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....
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