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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
| 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.
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....
Revocation of a building plan requires proper service of notice, adhering to principles of natural justice and giving opportunity to respond.
The principle of natural justice requires providing an opportunity to be heard before taking coercive 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 court emphasized that principles of natural justice necessitate consideration of replies to show cause notices prior to taking administrative action.
Administrative notices require responses and no adverse action may be taken without providing the opportunity to respond, reflecting principles of natural justice.
Procedural fairness mandates that parties must be given an opportunity to respond before adverse action is taken, as upheld in the context of the notice issued under the Delhi Municipal Corporation A....
A show-cause notice does not constitute an infringement of rights, and a writ petition against it is typically premature unless jurisdictional issues are present.
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