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DELHI HIGH COURT
SANJEEV SACHDEVA
Mars Envirotech Ltd. – Appellant
Versus
Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. possession notice issued by the respondent. (Para 1) |
| 2. petitioners argue against possession notice due to appeal pending. (Para 2) |
| 3. tribunal not functional, government acknowledges. (Para 3) |
| 4. court orders maintenance of status quo. (Para 4) |
| 5. court's order does not prejudice tribunal's future decisions. (Para 5) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL. 47399/2021 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 15015/2021
1. The petitioners assail the possession notice dated 17.09.2021 issued by the respondent.
2. Learned counsel for the petitioners submits that being aggrieved by the impugned order, the petitioners have already preferred a statutory appeal along with an application for stay in February, 2021 before the Appellate Tribunal, PMLA, which is not being taken up for consideration as the Tribunal is presently not functional for want of quorum. He submits that taking benefit of the said fact, the respondents have already issued the impugned possession notice on 17.12.2021 and are threatening to take possession of the premises which form subject matter of the adjudication order dated 14.01.2021. He, therefore, prays that the operatio
The court upheld the necessity to maintain status quo during ongoing appeal proceedings due to the non-functionality of the appellate tribunal.
The main legal point established in the judgment is the court's power to direct the maintenance of status quo regarding a possession notice until the appeal and application are considered by the Trib....
The court's decision was based on the principle of maintaining status quo and ensuring that the petitioners' appeal is considered before any further action is taken.
The main legal point established in the judgment is the court's power to restrain coercive action based on an impugned order until a statutory appeal is filed and considered by the Appellate Tribunal....
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
The appellate court correctly dismissed the stay application, affirming the need for the defendant to argue the appeal on merits without unnecessary delays.
Interim protection is warranted to ensure fairness in proceedings when a demolition notice is contested and an appeal is pending.
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
The court may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
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