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DELHI HIGH COURT
SANJEEV SACHDEVA
Afnan Rahees – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. request for non-coercive action during application process. (Para 2 , 3) |
| 2. details on unauthorized construction and actions taken. (Para 4 , 5 , 6) |
| 3. right of petitioner to receive orders and withdraw petition. (Para 7 , 8 , 9 , 10) |
| 4. temporary protection against coercive action outlined. (Para 11 , 12 , 13 , 14) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondents not to take any coercive action against the shops of the petitioners being shop Nos.56 & 59 on ground floor of property No.56-61 Chatta Lal Miyan, Fasil Road, Delhi Gate, Delhi.
3. Further petitioner seeks a direction to the respondents not to take any coercive action till disposal of the regularization application, if moved with the Corporation.
4. Learned counsel appearing for the respondent submits that action has been taken as there was unuauthorised construction noticed from ground floor upto the fifth floor. He submits that part demolition action qua fourth and fifth floor has already been taken and further action in accordance with law is being contemplated against the subject property.
5. He submits
Subsequent purchasers have rights to challenge unlawful administrative actions, and temporary relief can be granted to allow further appeals.
Balancing the interests of the petitioner and the actions taken by the respondents in cases of unauthorized construction.
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.
Municipal authorities possess the jurisdiction to enforce laws against unauthorized construction, which must be acted upon as per legal provisions, while respecting the appeals process.
The court reiterated that unauthorized constructions can be demolished if they do not comply with building bye-laws, while allowing a deferral for an appeal process before the Appellate Tribunal.
The court's decision was influenced by the need to provide the respondents with an opportunity to approach the appellate Tribunal-MCD and seek remedy in accordance with the law.
The court's decision emphasized the importance of allowing the respondents to avail of their remedy before the Appellate Tribunal-MCD in cases of unauthorized construction and demolition actions.
Interim protection against demolition can be granted during the pendency of an appeal regarding unauthorized construction, contingent upon the proper legal framework and pending appeals.
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