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SANJEEV SACHDEVA
Afnan Rahees And Another – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents not to take any coercive action against the shops of the petitioners being shop Nos.56 & 59 on ground floor of property No.56-61 Chatta Lal Miyan, Fasil Road, Delhi Gate, Delhi.
3. Further petitioner seeks a direction to the respondents not to take any coercive action till disposal of the regularization application, if moved with the Corporation.
4. Learned counsel appearing for the respondent submits that action has been taken as there was unuauthorised construction noticed from ground floor upto the fifth floor. He submits that part demolition action qua fourth and fifth floor has already been taken and further action in accordance with law is being contemplated against the subject property.
5. He submits that this property has been booked as far back as on 06.01.2017 for deviation/excess coverage at inter-alia the ground floor.
6. Learned counsel submits that demolition order and sealing order have been passed in respect of the subject property and vacation notice has also been given. He further submits that the action of the Corporation would be ap
Balancing the interests of the petitioner and the actions taken by the respondents in cases of unauthorized construction.
Subsequent purchasers have rights to challenge unlawful administrative actions, and temporary relief can be granted to allow further appeals.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
The court grants temporary protection against demolition for a property pending the resolution of a pending appeal regarding unauthorized construction, emphasizing the right to a fair hearing.
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.
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.
The court's decision was influenced by the need to provide the respondents with an opportunity to approach the appellate Tribunal-MCD and seek remedy in accordance with the law.
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
The court's decision emphasized the importance of allowing the respondents to avail of their remedy before the Appellate Tribunal-MCD in cases of unauthorized construction and demolition actions.
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