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DELHI HIGH COURT
SANJEEV SACHDEVA
Savita Arora – Appellant
Versus
North Delhi Municipal Corporation – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.2479/2021 (exemption)
Exemption is allowed subject to all just exceptions.
W.P(C) 917/2021 & CM APPL.2478/2021
1. Petitioner impugns a work stop notice dated 29.12.2020 requiring petitioner to stop carrying out any construction activity in the property bearing No.3417-18, Angoori Ghata, Gali Arya Samaj, Delhi-110006.
2. Learned counsel for the petitioner submits that the property of the petitioner is an old property and the Municipal Corporation had inspected the property in the year 2002 and an inspection report dated 30.07.2002 (Annexure P-4) was prepared.
3. Learned counsel submits that the inspection report clearly indicates the entire extent of construction existing on the ground floor upto the third floor with dimensions of each portion being indicated therein and it also indicates as to what was the old construction and what additions have been made in the year 2002.
4. Learned counsel further submits that petitioner was given an advisory letter by the respondent on 24.06.2019 indicating that the building of the petitioner is dangerous and he should have the same repaired. He submits that in terms of the said advisory lett
The requirement for a personal hearing and issuance of a speaking order before enforcement of a work stop notice ensures fair hearing rights are upheld in municipal proceedings.
The central legal point established in the judgment is the determination of unauthorized construction under Section 354-A of the MMC Act and the reliance on evidence to support the claim of tenantabl....
The court emphasized the necessity of adhering to principles of natural justice and legal requirements in construction activities, ensuring no unauthorized actions occur without proper sanction.
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