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TUSHAR RAO GEDELA
Jatinder Pahwa – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 26328/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL. 26329/2023 (for exemption from filing entire Trial Court Record)
3. This is an application seeking exemption from filing the entire Trial Court Record.
4. Exemption is allowed, subject to all just exceptions.
5. The application stands disposed of.
CM(M) 842/2023 & CM APPL. 26327/2023 (for stay)
6. Petitioner challenges the order dated 16.05.2023 in A.No. 286/2023 filed before the learned Appellate Tribunal MCD (hereinafter referred to as "ATMCD"), whereby the learned ATMCD had simply issued notice on the appeal and declined to hear the request seeking ex parte stay of the vacation notice dated 03.05.2023.
7. Mr. Rajesh Yadav, learned Senior Counsel appearing for petitioner brings to the notice of this Court the order dated 08.05.2023 in W.P.(C) 6011/2023 titled as "Jatinder Pahwa vs. Municipal Corporation of Delhi" whereby this Court had granted 10 days time and directed that no coercive action be taken against the petitioner in pursuance of the afo
The petitioner's right to be heard and the principles of natural justice are fundamental and must be upheld in legal proceedings.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
Urgency faced by senior citizens and the need to protect their possession of the suit property influenced the court's decision to maintain status quo until the First Appellate Court hears and decides....
When a regulatory authority is restrained pending an appeal, a temporary vacancy in the appellate tribunal necessitates direct judicial intervention to enable the parties to seek interim relief; regu....
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
The main legal point established in the judgment is that attempts to overreach the process of the court and frustrate the statutory right of appeal to an aggrieved person will not be tolerated.
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