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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Suresh Chand Goel - Appellant
Versus
Govt. of NCT of Delhi - Respondent
W.P.(C) 2461 of 2021
Decided On : 22-02-2021




Important Points

The court emphasized the necessity for a timely and reasoned decision on representations affecting property rights, ensuring the petitioners receive a personal hearing.

Subject

Administrative Law - Writ Petition

Headnote

(A) Constitution of India - Article 226 - Petitioners sought direction to decide representation for constructing a boundary wall around their land - Respondents agreed to dispose of representation by a speaking order within four weeks - Opportunity for personal hearing directed. (Paras 3-6)

Facts of the case:
Petitioners petitioned for permission to construct a boundary wall around their property.

Findings of Court:
The court directed the respondents to decide the representation within four weeks with a speaking order including a personal hearing for the petitioners.

Issues: The primary issue was whether the petitioners could construct a boundary wall and the timely decision of their representation.

Ratio Decidendi: The court held that it was imperative for the respondents to provide a reasoned order after hearing petitioners, emphasizing the importance of a fair hearing in administrative decisions.

Result: Petition disposed of with directions.
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 High Court website and be also forwarded to learned counsels through email.

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