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DELHI HIGH COURT
SANJEEV SACHDEVA
Sheetal Jain – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. non-compliance with prior tribunal order (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. demolition order quashed for procedural non-compliance (Para 8 , 9 , 10 , 11) |
| 3. order for reconsideration and personal hearing (Para 12 , 13) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.6222/2021 (exemption)
Exemption is allowed subject to all just exceptions.
W.P.(C) 2129/2021 & CM APPL.6221/2021 (stay)
1. Mr. Naushad Ahmed Khan, learned Additional Standing counsel GNCTD has filed, over e-mail of the Court Master, the notification dated 23.02.2021, issued by the Government of NCT of Delhi, notifying the appointment of the Presiding Officer for the Appellate Tribunal, MCD. The same is taken on record.
2. Petitioner impugns the demolition order dated 12.01.2021.
3. Learned counsel appearing for respondent no.1 submits that the regularisation application of the petitioner has already been dismissed by order dated 01.12.2010.
4. Learned counsel for the petitioner submits that the respondents were directed by the Appellate Tribunal, MCD by its order dated 06.02.2012 to decide the application for regularization afresh.
5. Learned counsel submits that admittedly Corporation has not pa
A demolition order is invalid if the municipal corporation fails to comply with the Appellate Tribunal's direction to reconsider a regularization application and identify unauthorized constructions.
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'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 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 property owner can seek de-sealing and regularization for unauthorized constructions, provided rectifications comply with building bye-laws, per the court's directive.
A petition is not maintainable when the subject matter is appealable and the related applications have already been dismissed.
The court emphasized that no direction for demolition could be issued in the absence of ongoing construction activity and that the regularization application had to be considered and disposed of in a....
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