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DELHI HIGH COURT
SANJEEV SACHDEVA
Aviral Bhatla – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner challenges vacation notices and demolition order. (Para 1 , 2) |
| 2. appellant argues based on previously filed appeal and lockdown impacts. (Para 3 , 4 , 5 , 6) |
| 3. court grants temporary protection during appeal process. (Para 7 , 8 , 9) |
| 4. court concludes with order for appeal and notification. (Para 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns vacation notices dated 11.02.2020, 01.02.2021 and demolition order dated 04.12.2019.
3. Learned counsel for the petitioner submits that the action seems to have been taken based on some building plan dated 03.12.2010. He submits that the property has been constructed as per sanctioned plan dated 17.05.2000.
4. Learned counsel further submits that the petitioner has already filed an appeal before the Appellate Tribunal MCD which was listed on 11.03.2020 when notice was issued to the Corporation, returnable for 11.03.2020 and as none appeared for the Corporation on 11.03.2020 and the matter was adjourned to 24.03.2020 directing the Corporation to file a status report.
5. Learned counsel submits that thereafter on account of n
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.
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 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.
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.
The Court directed the corporation to act against unauthorized construction based on the outcome of an ongoing appeal, emphasizing that appellate bodies must operate independently.
Court emphasized the necessity of protecting petitioners from demolition pending the outcome of their pending appeal to ensure due process.
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