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DELHI HIGH COURT
SANJEEV SACHDEVA
Dinesh Kumar Sharma – Appellant
Versus
South Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. debarment from submitting building applications. (Para 1) |
| 2. petitioner's arguments against debarring. (Para 2 , 3 , 4) |
| 3. court's procedural considerations. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. final order of the court. (Para 11) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner impugns communication order dated 30.12.2020, whereby petitioner an Architect has been debarred from signing/submitting building plan applications, completion certificate applications as well as layout plan applications with the three municipal corporations; namely - South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation for period of one year.
2. Learned counsel for the petitioner submits that petitioner has not made any misrepresentation and as such there was no cause to take any action against the petitioner. She submits that the coordinates of the property are automatically picked up by the mobile application set up by the respondent corporation and as such the contentions that the petitioner had incorrectly stated the distance between the property for which sanction was sought and a protective monument, is incorrect.
3. Learned counsel further s
Procedural fairness mandates that a practitioner must receive proper notice and an opportunity for a personal hearing before penalties are imposed.
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....
The lack of a show cause notice before debarment violates principles of natural justice, necessitating revocation of the order.
The court emphasized the necessity of procedural fairness, ruling that no coercive action could be taken against the petitioner’s property while an appeal before the Appellate Tribunal is pending.
The court's decision emphasized the opportunity for the petitioner to seek regularization of the building plan and the restraint on coercive action until the application is disposed of.
Revocation of permit requires consideration of subsequent approvals and due process, including an opportunity for personal hearing.
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