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DELHI HIGH COURT
SANJEEV SACHDEVA
Suresh Chand Goel – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. court directs timely decision on representation. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. petitioners seek permission for construction. (Para 3) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.7196/2021(exemption)
1. Exemption is allowed subject to all just exceptions.
W.P.(C) 2461/2021
2. The hearing was conducted through video conferencing.
3. Petitioners seek a direction to the respondents to decide the representation given by the petitioners seeking permission to construct a boundary wall around the land owned by the petitioners.
4. Issue notice. Notice is accepted by learned counsel appearing for the respondents who states, on instructions, that the representation shall be disposed of by a speaking order within a period of four weeks from today.
5. In view of the above, this Petition is disposed of directing the respondents to decide the representation of the petitioners within a period of four weeks from today by way of a speaking order.
6. Petitioner shall also be given an opportunity of personal hearing before deciding the representation.
7. All rights and contentions of the parties are reserved.
8. Copy of the Order be uploaded on the Hig
The court emphasized the necessity for a timely and reasoned decision on representations affecting property rights, ensuring the petitioners receive a personal hearing.
Authorities must issue reasoned decisions on representations and provide opportunities for personal hearings, ensuring due process in land boundary determinations.
Timely decision-making by public authorities on representations is essential, with courts emphasizing compliance with statutory obligations.
The court directed the respondent to treat the petition as a representation, ensuring the petitioners can present additional information while reserving the rights of both parties.
The necessity of affording a personal hearing in administrative proceedings is critical to upholding procedural fairness and natural justice.
Failure to grant a personal hearing as mandated by a previous court order can lead to the setting aside of an impugned order.
Procedural fairness requires that parties must be given a personal hearing before administrative actions, failing which the orders may be set aside.
The court emphasized the importance of considering the petitioner's application for demarcation in accordance with the law and disposing of it expeditiously, with clear procedures for communication a....
No permission is required for the construction of a boundary wall as per the Unified Building Bye Laws for Delhi 2016.
The court established the necessity for timely handling of land demarcation requests and the requirement for proper communication regarding decisions related to those requests.
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