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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Raj Shekar Radha Krishnan - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 1318 of 2021
Decided On : 02-02-2021
| Table of Content |
|---|
| 1. petitioner's appeal against demolition notice (Para 2 , 4 , 5) |
| 2. notice accepted; tribunal to act independently (Para 6 , 8) |
| 3. demolition order abeyance conditions (Para 7) |
| 4. order disposed and communication procedures (Para 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.3709/2021(exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1318/2021 & CM APPL.3708/2021(stay)
1. The hearing was conducted through video conferencing.
2. Learned counsel for the petitioner submits that petitioner is in the process of filing an appeal impugning the demolition order dated 06.01.2021.
3. The statement is taken on record.
4. Petitioner has filed the subject petition impugning the demolition notice dated 06.01.2021.
5. Learned counsel for the petitioner submits that the Appellate Tribunal, MCD is still not functional and prays that the protection granted by order dated 01.10.2020 in CONT. CASE(C) No. 591/2020 as also by order dated 13.01.2021 in WP(C) No. 5711/2019 be extended till the Tribunal becomes functional.
6. Issue notice. Notice is accepted by Mr. Kapil Dutta, learned counsel appearing for SDMC.
7. In view of the above, demolition order dated 06.01.2021 shall be kept in abeyance for a period of ten days after the resumption of functioning of the Appellate Tribunal MCD or till the listing of the appeal of the petitioner, whichever is earlier. Thereafter the interim protection, if any, would be subject to the orders to be passed by the Appellate Tribunal MCD.
8. It is clarified that the Appellate Tribunal MCD shall consider the appeal and the stay application, without being influenced by anything stated herein.
9. The petition is, accordingly, disposed of in the above terms.
10. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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'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 discretion to grant temporary protection from demolition while imposing restrictions and making the continuation of protection subject to the orders of the relevant appellate author....
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
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....
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.
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.
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