Anita Raj vs South Delhi Municipal Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 557

MANOJ KUMAR OHRI
Anita Raj – Appellant
Versus
South Delhi Municipal Corporation – Respondent

Advocates:
Advocate Appeared:
Mr. Ravi Kapoor, Mr. Rishav Ambastha and Ms. Shreya Kunwar, Advocate, Mr. Tushar Sannu, Standing Counsel with Mr. Azad Bansala, Advocate.

JUDGMENT :

Manoj Kumar Ohri, J.

By way of present petition filed under Article 226/227 of the Constitution of India, the petitioner seeks to assail the order dated 09.12.2021 passed by the District Judge in Appeal No. 1/2021 wherein the appeal filed by the Respondent No. 1 was allowed and the final order/judgment dated 25.06.2021 passed by the ATMCD in Appeal No. 7812021 titled R.K. Sharma v. SDMC was set aside.

2. Mr. Ravi Kapoor, learned counsel for the petitioner contended that the impugned order was passed without considering that the show cause notice issued by respondent lacked material details of the alleged unauthorised construction.

3. Mr. Tushar Sannu, learned Standing Counsel for the respondent, on the other hand, has contested the present petition by contending that the petitioner is guilty of delaying the proceedings. He submits that earlier the petitioner had approached this Court by way of W.P.(C) 1469/2019 which was disposed of vide order dated 13.02.2019. Petitioner challenged said order before the Division Bench by way of LPA No. 162/2019 which was also disposed of vide order dated 30.07.2019.

4. A perusal of records would show that the petitioner has claimed that her

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