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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Ashok Kumar Bajaj - Appellant
Versus
North Delhi Municipal Corporation - Respondent
W.P.(C) 163 of 2021
Decided On : 08-02-2021




Timely decision-making by public authorities on representations is essential, with courts emphasizing compliance with statutory obligations.

Headnote:(A) Delhi Municipal Corporation Act - Regulation of residential construction - Petitioner seeks direction for regularization of construction on property, citing delays due to lockdown - Application acknowledged by authorities with commitment to resolve within six weeks. (Paras 2-5)

(B) Administrative Procedure - Requirement for timely decisions on representations by public bodies; court emphasizes the need for resolution to ensure compliance with statutory obligations. (Paras 5, 6)

Facts of the case:
The petitioner seeks a directive for the regularization of residential construction at a specified property, with delays attributed to the lockdown circumstances.

Findings of Court:
The court orders that the representation be decided within six weeks while reserving all rights and contentions of the parties.

Issues: The primary issue is the timeliness of the decision-making process regarding the petitioner's application for regularization.

Ratio Decidendi: The court emphasizes that public authorities must respond to petitions in a timely manner, especially when prior delays are acknowledged.

Result: Petition disposed of with directives.

Table of Content
1. petitioner's request for construction regularization (Para 1 , 2)
2. notice issued and application acknowledgement (Para 3 , 4)
3. court orders timely disposal of application (Para 5 , 6 , 7)

JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL.470/2021(exemption)

Exemption is allowed subject to all just exceptions.

W.P.(C) 163/2021

1. The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to the respondents to decide representation of the petitioner seeking regularization of the residential construction at the back portion of property bearing No. 12/16, East Patel Nagar, New Delhi.

3. Issue notice. Notice is accepted by learned counsel appearing for respondents/Corporation.

4. Learned counsel submits that the application has been received and in view of the lock down, same could not be disposed of. He states that endeavour shall be made to dispose of the application within six weeks from today.

5. The petition is disposed of directing the respondents to dispose of the representation of the petitioner within six weeks from today.

6. All rights and contentions of the parties are reserved.

7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

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