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DELHI HIGH COURT
SANJEEV SACHDEVA
Santosh Sharma – Appellant
Versus
NDMC – Respondent
| Table of Content |
|---|
| 1. revocation of building plan due to misrepresentation. (Para 1) |
| 2. contestation of notice service and petitioners' address. (Para 2 , 3) |
| 3. opportunity for response to show-cause notice. (Para 4) |
| 4. setting aside revocation and directing fresh order. (Para 5 , 6) |
| 5. disposition of petition and procedural directions. (Para 7 , 8 , 9) |
JUDGMENT
Sanjeev Sachdeva, J. (ORAL)--Petitioners impugn order dated 30.12.2020 passed under Section 338 of the Delhi Municipal Corporation Act whereby the sanctioned building plan qua the plot of the petitioner i.e. property No.4548/12, Ram Nagar, Tri Nagar, Delhi has been revoked on the alleged ground of misrepresentation and being in violation of the policy/guidelines/provisions of MPD 2021.
2. Learned counsel appearing for the respondents/Corporation submits that the show-cause notice was sent by post and twice it came back and thereafter it was pasted on the subject property and despite the same, no reply was received from the petitioners to the show-cause notice.
3. Learned counsel for the petitioners submits that petitioners never received the show-cause notice and is not residing at the subject address and is residing at of 993
Revocation of a building plan requires proper service of notice, adhering to principles of natural justice and giving opportunity to respond.
Practice and Procedure - Show-cause notice - Violation of policy/guidelines/ provisions of MPD 2021 - Whether petitioners were served with a show-cause notice by pasting or not - Admittedly the notic....
A revocation of a building plan without adequate notice and opportunity for hearing violates natural justice principles under the Delhi Municipal Corporation Act.
The central legal point established in the judgment is the requirement to adhere to the principles of natural justice as mandated by Section 338 of the Delhi Municipal Corporation Act, 1957, particul....
Procedural fairness mandates that a practitioner must receive proper notice and an opportunity for a personal hearing before penalties are imposed.
Revocation of permit requires consideration of subsequent approvals and due process, including an opportunity for personal hearing.
The court emphasized that principles of natural justice necessitate consideration of replies to show cause notices prior to taking administrative action.
Principles of natural justice must be complied with, including considering the petitioner's reply and providing an opportunity for a personal hearing before passing a demolition order.
The principle of natural justice requires providing an opportunity to be heard before taking coercive action.
The lack of a show cause notice before debarment violates principles of natural justice, necessitating revocation of the order.
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