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DELHI HIGH COURT
SANJEEV SACHDEVA
Anju Bala – Appellant
Versus
East Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioners directed to remove alleged illegal structure. (Para 2 , 3) |
| 2. petitioners argue lack of personal hearing. (Para 4 , 5 , 7) |
| 3. court observes procedural deficiency in hearings. (Para 6 , 8 , 9 , 10 , 11) |
| 4. court orders the remittance of the matter for re-hearing. (Para 12 , 13) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.4738/2021(Exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 1657/2021 & CM APPL.4739/2021(stay)
1. The hearing was conducted through video conferencing.
2. Petitioners impugn order/letter dated 06.01.2021 whereby petitioners have been directed to remove the alleged illegal structure from the land in question within one month from the receipt of the notice.
3. Order dated 06.01.2021 states that the same is in compliance of directions contained in order dated 26.08.2019 in WP(C) 2365/2016 of the High Court.
4. Learned Senior Counsel appearing for the petitioners contends that petitioners has been in occupation of the subject land for several decades. He further submits that by order dated 26.08.2019 in WP(C) 2365/2016, the Division Bench of this Court had directed the respondents to remove the encroachment in
The necessity of affording a personal hearing in administrative proceedings is critical to upholding procedural fairness and natural justice.
Procedural fairness requires that parties must be given a personal hearing before administrative actions, failing which the orders may be set aside.
Failure to grant a personal hearing as mandated by a previous court order can lead to the setting aside of an impugned order.
The court emphasized the necessity for a timely and reasoned decision on representations affecting property rights, ensuring the petitioners receive a personal hearing.
A litigant's right to be heard is fundamental; a dismissal of an appeal without hearing the petitioner, especially due to lack of representation from the deceased advocate, is unsustainable.
Failure to submit requisite documents within the specified time frame may be reconsidered if the petitioner subsequently produces the necessary documentation.
Unauthorized structures on government land without permission unprotected; writ jurisdiction bars disputed pre-datum facts; strict judicial stance against illegal constructions, no sympathy for viola....
The court affirmed the necessity of providing a fair opportunity to parties in administrative proceedings before making decisions that affect their rights, emphasizing protection against ex parte ord....
Timely decision-making by public authorities on representations is essential, with courts emphasizing compliance with statutory obligations.
Ex-parte order set aside - Matter is remitted to the Assessing authority to pass a fresh assessment order after giving an opportunity of hearing to the petitioner.
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