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DELHI HIGH COURT
SANJEEV SACHDEVA
Madhu Gupta – Appellant
Versus
North Delhi Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. petition challenging revocation of construction sanction (Para 1) |
| 2. arguments regarding the consideration of subsequent sanctions (Para 2 , 3 , 5) |
| 3. court's direction on handling the petitioner's representation (Para 4 , 6 , 7 , 8) |
| 4. court's conclusion without commenting on merits (Para 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. Petitioner impugns the order dated 16.06.2021 passed under Section 344(2) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the MCD Act) consequent to order dated 03.02.2021 passed under Section 338 of the MCD Act revoking the sanction granted to the petitioner for raising the construction.
2. Learned counsel for the petitioner submits that respondent has erred in not appreciating that the earlier order of sanction was superseded by a subsequent sanction which has not been taken into account.
3. Learned counsel submits that none of the grounds mentioned in the order of revocation would be available in view of the fact that a second sanction was granted. He submits that respondent has not even considered any of the representations of the petitioner. He accordingly, submits that petitioner shall give a detailed represen
Revocation of permit requires consideration of subsequent approvals and due process, including an opportunity for personal hearing.
A revocation of a building plan without adequate notice and opportunity for hearing violates natural justice principles under the Delhi Municipal Corporation Act.
Revocation of a building plan requires proper service of notice, adhering to principles of natural justice and giving opportunity to respond.
The central legal point established in the judgment is the requirement to adhere to the principles of natural justice as mandated by Section 338 of the Delhi Municipal Corporation Act, 1957, particul....
Practice and Procedure - Show-cause notice - Violation of policy/guidelines/ provisions of MPD 2021 - Whether petitioners were served with a show-cause notice by pasting or not - Admittedly the notic....
Procedural fairness mandates that a practitioner must receive proper notice and an opportunity for a personal hearing before penalties are imposed.
The court recognized the petitioner's rights to appeal the assessment to the Municipal Tax Tribunal, ensuring no coercive action occurs during the appeal process.
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