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DELHI HIGH COURT
SANJEEV SACHDEVA
Savitri Dhamija – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner's unaware of unauthorized construction upon purchase (Para 2 , 3) |
| 2. contentions regarding unauthorized construction and compounding (Para 4 , 5 , 6) |
| 3. direction for stay of demolition pending appeal (Para 9 , 10 , 11) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)
CM APPL.7539/2021(exemption)
Exemption is allowed subject to all just exceptions
W.P.(C) 2557/2021 & CM APPL.7538/2021(stay)
1. Issue notice. Notice is accepted by learned counsel appearing for respondents.
2. Learned counsel for the petitioner submits that petitioner has already filed an appeal before the Appellate Tribunal, MCD, however the appeal could not be taken up since there is no presiding officer.
3. Learned counsel for the petitioner submits that petitioner has purchased the property in March, 2020 and was not aware of any unauthorized construction or any action being contemplated by the Corporation.
4. Learned counsel for the respondents/Corporation submits that action was taken after serving due notice to the owners/occupants of the building.
5. Learned counsel for the petitioner submits that even though there may be some unauthorized construction, major portion of the con
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.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
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.
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.
The court's decision emphasized the importance of allowing the respondents to avail of their remedy before the Appellate Tribunal-MCD in cases of unauthorized construction and demolition actions.
The court's decision was influenced by the need to provide the respondents with an opportunity to approach the appellate Tribunal-MCD and seek remedy in accordance with the law.
The court reiterated that unauthorized constructions can be demolished if they do not comply with building bye-laws, while allowing a deferral for an appeal process before the Appellate Tribunal.
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.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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