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DELHI HIGH COURT
SANJEEV SACHDEVA
V.M. Singh – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner's appeal against dismissal of prior order. (Para 1) |
| 2. petitioner's claims regarding construction laws and pending appeal. (Para 2 , 3) |
| 3. interim protection granted during pendency of appeal. (Para 4 , 5) |
| 4. at-mcd to decide appeal without special equities. (Para 6) |
| 5. reservation of rights and contentions. (Para 7) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner impugns order dated 25.11.2020 whereby the appeal filed by the petitioner against order dated 31.05.2018 passed by AT-MCD has been dismissed noticing the statement of counsel for petitioner that petitioner shall apply for regularization of unauthorized construction and no interim protection granted.
2. Learned counsel for the petitioner submits that no such statement was made as the property is protected by the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2017.
3. Learned counsel further submits that appeal of the petitioner is still pending before AT-MCD and is listed for hearing on 07.01.2022.
4. This Court by order dated 05.01.2021 directed that no coercive action shall be taken against the petitioner consequent to the demolition order dated 06.10.2017.
5
The court has the discretion to grant interim protection during the pendency of an appeal, balancing the rights of the petitioner with the need to prevent unauthorized construction.
The court has the authority to restrain coercive action against a property pending appeal and regularisation application.
Administrative actions impacting individuals must adhere to principles of natural justice, particularly during pending appeals or applications for regularisation.
The court upheld the interim protection against a demolition order, ensuring the Appellate Tribunal considers appeals without bias from the High Court's order.
The court's decision was influenced by the operational status of the Appellate Tribunal, MCD and the need to ensure the continuation of interim protection for the petitioner.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
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.
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
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