Dynamic Realinfra Private Limited vs New Delhi Municipal Council

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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Dynamic Realinfra Private Limited - Appellant
Versus
New Delhi Municipal Council - Respondent
W.P(C) 3320 of 2021 & CM Appls. 10118 of 2021 and 10119 of 2021
Decided On : 15-03-2021

Important Points

The court ruled that procedural fairness requires the opportunity to respond and be heard before any decision on a show cause notice.

Subject

Administrative Law - Procedural Fairness

Headnote

(A) New Delhi Municipal Council Act, 1994 - Section 250 - The petitioner challenged a show cause notice issued under the Act, asserting that a delay in response was due to the owner's absence. (Para 3)

(B) Procedural fairness - The petitioner was granted an opportunity to file a detailed response and to be heard before a decision is made on the notice. (Para 6)

Facts of the case:
The petitioner contended a show cause notice issued due to absence was not timely addressed, requesting a chance to respond appropriately.

Findings of Court:
The Court allowed the petitioner to submit a detailed reply and mandated the respondents to consider this before further actions.

Issues: The essential issue addressed was the procedural right to respond to the show cause notice and the opportunity for a personal hearing.

Ratio Decidendi: The court emphasized the importance of procedural fairness, allowing the petitioner to respond and be heard before any decisions are made regarding the notice.

Result: Writ petition disposed of.

Table of Content
1. process for hearing on notice. (Para 1 , 2 , 3)
2. request for detailed reply and personal hearing. (Para 4)
3. concession on pending notice. (Para 5)
4. order for reply and personal hearing. (Para 6)

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)--Issue notice. Notice is accepted by learned counsel appearing for the respondents.

2. With the consent of parties, petition is taken up for hearing today.

3. Petitioner impugns a show cause notice dated 15.01.2021 issued under Section 250 of the New Delhi Municipal Council, 1994.

4. Learned counsel for the petitioner submits that since the owner of the premises was out of station, the show cause notice could not be responded within time, however, a brief reply has been sent on 09.03.2021. He prays that an opportunity be granted to petitioner to file a detailed reply and also be heard personally prior to taking a decision on the show cause notice.

5. Learned Counsel for the Respondent concedes that the show cause notice has not yet been disposed of.

6. In view of the above, the writ petition is disposed of permitting the petitioner to file a detailed reply to the show cause notice dated 15.01.2021, within one week from today. Respondents thereafter shall pass appropriate orders on the show cause notice after giving an opportunity of a personal hearing to the petitioner. All rights and contentions of parties are reserved.