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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Little Pearl Charitable Society - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P.(C) 1457 of 2021
Decided On : 04-02-2021
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.4177/2021 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1457/2021 & CM APPL.4178/2021 (stay)
1. Petitioner impugns demolition notice dated 29.07.2019 and vacation notice dated 26.10.2020.
2. Learned counsel for the petitioner submits that petitioner has already filed an appeal before the Appellate Tribunal MCD but the same could not be taken up and is now listed on 08.03.2021.
3. Learned counsel appearing for the respondent/Corporation submits that substantial demolition action has already been taken as the building was constructed contrary to sanctioned building plan. He submits that further action is contemplated qua the remaining unauthorized construction.
4. Since the Corporation has already substantially demolished the upper floors of the building and appellant has already filed an appeal before the Appellate Tribunal MCD, this petition is disposed of with a direction that till the next date before the Appellate Tribunal MCD i.e. 08.03.2021, no further coercive action shall be taken against the property of the petitioner.
5. No further construction, repairs/renovation activity shall be carried out by the petitioner till the appeal is listed before the Tribunal.
6. The petition along with pending application is disposed of in the above terms.
7. Further interim protection shall be subject to orders to be passed by the Appellate Tribunal MCD on the appeal and the stay application filed by the petitioner.
8. It is clarified that the Appellate Tribunal, MCD shall be at liberty to consider the appeal as well as the application for stay without being influenced by anything stated in this order and this would be without prejudice to the rights and contentions of the parties.
9. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
The court grants temporary protection against demolition for a property pending the resolution of a pending appeal regarding unauthorized construction, emphasizing the right to a fair hearing.
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 principle of due process, granting a temporary stay on demolition orders pending resolution of the pending appeal before the Appellate Tribunal.
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 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....
Court emphasized the necessity of protecting petitioners from demolition pending the outcome of their pending appeal to ensure due process.
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.
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
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