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DELHI HIGH COURT
SANJEEV SACHDEVA
Tara Palace Hotel – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. exemption granted; no impleadment needed. (Para 1 , 2 , 3 , 4) |
| 2. petitioner awaiting tribunal functionality. (Para 5 , 6) |
| 3. interim protection terms set until tribunal decision. (Para 7 , 8 , 9) |
| 4. case disposed; orders uploaded. (Para 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.6323/2021(exemption)
1. Exemption is allowed subject to all just exceptions.
CM APPL.6322/2021
2. The hearing was conducted through video conferencing.
3. Since action by the Corporation was taken on a Writ Petition filed by the applicant, now petitioner is availing his remedies in law against the action being taken by Corporation. No ground for impleadment of the applicant is made out in these proceedings.
4. The application is, accordingly, dismissed.
W.P.(C) 1177/2021 & CM APPL.3314/2021(stay)
5. Petitioner has approached this Court in view of the fact that the Appellate Tribunal MCD is not functional.
6. Petitioner was granted interim protection on 29.01.2021. The Appellate Tribunal MCD is likely to commence functioning shortly.
7. In view of the above, this petition is disposed of with the direction that the interim protection granted to the petitioner
The court maintained interim protection for the petitioner due to the non-functionality of the Appellate Tribunal, ensuring due process until the tribunal resumes operations.
Court ensures procedural fairness by extending interim protection until the Appellate Tribunal MCD commences operations.
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....
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.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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 highlighted the necessity for appellate tribunals to expedite hearings of appeals and interim matters to uphold procedural fairness.
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....
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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