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DELHI HIGH COURT
SANJEEV SACHDEVA
Rajbir – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner's right to respond to a notice (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. compliance with natural justice principles (Para 7 , 8) |
| 3. obligatory duty to consider replies (Para 9) |
| 4. remitting matter for due consideration (Para 10) |
| 5. order allowing the petition (Para 11) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns demolition order dated 16.12.2021 whereby demolition action is proposed against the alleged illegal construction in the subject property.
2. Learned counsel for the petitioner submits that the petitioner duly replied to the show cause notice dated 10.12.2021 on 16.12.2021, however, the impugned order which is passed on 16.12.2021 records that no reply has been received till date.
3. Learned counsel submits that the show cause notice was received on 15.12.2021 and the reply was filed the very next day, however, the same has not been considered.
4. Learned counsel for the petitioner has shared over the email of the Court Master copy of the registered envelope through which the show cause notice was sent as well as its tracking report.
5. The postal receipt passed on the envelope shows that the notice was dispatched on 13.12.2021 at 12.48 PM
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