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DELHI HIGH COURT
SANJEEV SACHDEVA
Madhu Chowdhry – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. demolition order being contested due to pending appeal (Para 2 , 4) |
| 2. argument regarding the status of appeal (Para 3) |
| 3. court's directive on stay of demolition (Para 5 , 6) |
| 4. order for case resolution and procedural follow-up (Para 7 , 8) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.2673/2021 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 987/2021 & CM APPL.2672/2021
1. The hearing was conducted through video conferencing.
2. Petitioners have filed the subject petition impugning the demolition order dated 9.11.2020 passed by the Assistant Engineer (Building) in respect of property Nos.97 and 98, Mount Kailash, East of Kailash, New Delhi.
3. It is contended by learned counsel for the petitioner that an appeal has been filed before the Appellate Tribunal, MCD. However, since the Appellate Tribunal, MCD is not functioning, the appeal has not been taken up for hearing and is now listed on 17.02.2021.
4. Learned counsel submits that there is a threat of demolition as the Officers of the respondent had even visited the property to carry out the demolition but because of the health condition of one of the occupants, demolition action wa
Court emphasized the necessity of protecting petitioners from demolition pending the outcome of their pending appeal to ensure due process.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
The court's decision was influenced by the operational status of the Appellate Tribunal, MCD and the need to ensure the continuation of interim protection for the petitioner.
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
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....
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
The court upheld the interim protection against a demolition order, ensuring the Appellate Tribunal considers appeals without bias from the High Court's order.
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
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