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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Tara Palace Hotel - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P.(C) 1179 of 2021
Decided On : 17-02-2021
| Table of Content |
|---|
| 1. petitioner seeks interim relief due to tribunal inaction. (Para 1 , 2 , 3) |
| 2. continuation of interim protection tied to tribunal's operational status. (Para 4 , 5 , 6) |
| 3. petition and application for stay disposed of. (Para 7 , 8) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
W.P.(C) 1179/2021 & CM APPL.3321/2021(stay)
1. The hearing was conducted through video conferencing.
2. Petitioner has approached this Court in view of the fact that the Appellate Tribunal MCD is not functional.
3. Petitioner was granted interim protection on 29.01.2021. The Appellate Tribunal MCD is likely to commence functioning shortly.
4. In view of the above, this petition is disposed of with the direction that the interim protection granted to the petitioner by order dated 29.01.2021 shall continue for a period of two weeks after the Appellate Tribunal MCD becomes operational or till the time the appeal/stay application of the petitioner is taken up for consideration, whichever is earlier.
5. The continuance of interim protection thereafter would be subject to orders of the Appellate Tribunal MCD.
6. The Appellate Tribunal MCD shall consider the appeal and the stay application without being influenced by anything stated herein.
7. The petition along with application for stay is, accordingly, disposed of in the above terms.
8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court master.
Court ensures procedural fairness by extending interim protection until the Appellate Tribunal MCD commences operations.
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.
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'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 upheld the interim protection against a demolition order, ensuring the Appellate Tribunal considers appeals without bias from the High Court's order.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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 determined that procedural orders of the Tribunal seeking clarifications are not appealable and do not warrant immediate intervention by the High Court.
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