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DELHI HIGH COURT
SANJEEV SACHDEVA
Sunder Kukreja – Appellant
Versus
South Delhi Municipal Coporation – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to impugn a rejected building plan. (Para 2) |
| 2. petitioner appeals due to tribunal's inactivity and seeks stay. (Para 3 , 4) |
| 3. coercive actions are stayed pending appeal. (Para 5 , 6 , 7) |
| 4. order disposed of; sent to counsel and website. (Para 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner has filed the subject petition seeking to impugn order dated 31.12.2020 passed by the Assistant Engineer (Building), South Zone rejecting the application seeking regularisation of the building plan.
3. Learned senior counsel appearing for the petitioner submits that petitioner has already filed an appeal before the Appellate Tribunal MCD (ATMCD for short) but the appeal could not be taken up as the ATMCD is not functional.
4. Learned counsel under instructions submits that the appeal is now listed on 10.02.2021. He submits that he has also filed an application seeking stay of any further coercive action against the subject property before the Tribunal.
5. Issue notice. Notice is accepted by learned counsel appearing for the respondent. Learned counsel submits that the application was reject
The court emphasized the necessity of procedural fairness, ruling that no coercive action could be taken against the petitioner’s property while an appeal before the Appellate Tribunal is pending.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
Court emphasized the necessity of protecting petitioners from demolition pending the outcome of their pending appeal to ensure due process.
Direction for lawful action regarding unauthorized construction depends on the outcomes of pending appeal and regularization applications, ensuring no prejudice to ongoing legal matters.
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.
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
The court upheld the principle of due process, granting a temporary stay on demolition orders pending resolution of the pending appeal before the Appellate Tribunal.
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....
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