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DELHI HIGH COURT
SANJEEV SACHDEVA
North Delhi Municipal Corporation – Appellant
Versus
Renu Nangia – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of orders regarding property. (Para 1 , 2) |
| 2. arguments presented about the litigation process. (Para 3 , 4) |
| 3. directive for expeditious disposal of appellate matters. (Para 5) |
| 4. conclusion and order to conclude the petition. (Para 6 , 7) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks quashing of orders dated 23.12.2021 and 12.01.2022 passed by the Appellate Tribunal-MCD whereby the Petitioner Corporation have been restrained from taking any coercive action against the property bearing No. 13/13-WEA, Karol Bagh, New Delhi, subject matter of the appeal.
3. Learned counsel for the Petitioner submits that on 23.12.2021 when an ex-parte stay was granted, it was directed that the application for interim stay would be considered on 12.01.2022. However, on 12.01.2022 even though a status report and an application for vacation of stay was filed by the Petitioner, arguments were not heard and the matter was adjourned to 14.02.2022 and interim orders were continued.
4. Learned counsel submits that this is the second round of litigation before the Appellate Tribunal-MCD. He submits that t
The court highlighted the necessity for appellate tribunals to expedite hearings of appeals and interim matters to uphold procedural fairness.
The court has the authority to restrain the respondent from proceeding with demolition proceedings for a limited period and can allow the petitioner to seek early hearing of the appeal and stay appli....
A temporary stay on demolition cannot occur until the appellate tribunal is operational, allowing due process for appeals.
The High Court emphasized the necessity of using the statutory remedy of the Appellate Tribunal for issues related to property sealing and deviations, granting interim protection for two weeks.
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.
Court ensures procedural fairness by extending interim protection until the Appellate Tribunal MCD commences operations.
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 has the discretion to grant temporary protection from demolition while imposing restrictions and making the continuation of protection subject to the orders of the relevant appellate author....
The court maintained interim protection for the petitioner due to the non-functionality of the Appellate Tribunal, ensuring due process until the tribunal resumes operations.
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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