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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Mohd. Irfan - Appellant
Versus
Danish - Respondent
W.P.(C) 4833 of 2021 & CM Appl. 14881 of 2021 & CM Appl. 23578 of 2021
Decided On : 23-02-2022
| Table of Content |
|---|
| 1. unauthorized construction status and legal action. (Para 2 , 3) |
| 2. pending appeal affects demolition order. (Para 4) |
| 3. conclusion and procedural directives issued. (Para 5 , 6 , 7) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to respondents to take action against the alleged unauthorized construction being raised in property bearing No. 5383, Kucha Rehman, Chandni Chowk, Delhi-110006 and property bearing No. 5419, Kucha Rehman, Chandni Chowk, Delhi-110006.
3. Status report filed by the Corporation states that unauthorized construction was noticed in property No. 5383, Kucha Rehman, Chandni Chowk, Delhi and a demolition order dated 24.12.2020 has been passed and with regard to property No. 5419, Kucha Rehman, Chandni Chowk, Delhi, it was noticed that no construction activity was found and the property was found to be old and occupied and as such no action is contemplated against the said property.
4. Learned counsel appearing for respondent no. 1, owner of property bearing No. 5383, Kucha Rehman, Chandni Chowk, Delhi submits that against the order of demolition dated 24.12.2020 an appeal has been filed before Appellate Tribunal MCD being Appeal No. 305/2021 titled Mohd. Danish Vs. NDMC in which by order dated 17.09.2021 a stay has been granted on the said order of demolition. He submits that the appeal is pending and the interim protection is continuing.
5. In view of the above, this petition is disposed directing the respondent corporation to take action in accordance with law subject to the outcome of the appeal before the Appellate Tribunal-MCD.
6. It is further clarified that Appellate Tribunal-MCD shall consider the appeal without being influenced by anything stated in this order.
7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
The Court directed the corporation to act against unauthorized construction based on the outcome of an ongoing appeal, emphasizing that appellate bodies must operate independently.
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 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.
The court emphasized that unauthorized construction enforcement must respect legal processes and pending appeals, leaving petitioner's standing open for further consideration.
The court's decision was based on the respondent's assurance of further action in accordance with the law and the pending appeal before the Appellate Tribunal, MCD.
The court's decision was influenced by the Corporation's revocation of the sanction plan and the pendency of an appeal before the appellate Tribunal, MCD, without making any determination on the meri....
The court reiterated that unauthorized construction issues should be dealt with by the municipal corporation, while appeals regarding property ownership must be resolved through the appropriate tribu....
Municipal authorities must operate within legal frameworks when enforcing demolition orders, respecting property owners' rights to appeal.
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