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DELHI HIGH COURT
C.HARI SHANKAR
Rajeev Tomar – Appellant
Versus
EDMC – Respondent
CM APPL. 28116/2022 (exemption) and CM APPL. 28117/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
CM(M) 586/2022 & CM APPL. 28115/2022 (stay)
3. The petitioner, in this petition under Section 227 of the Constitution of India is aggrieved by the fact that the learned Additional Senior Civil Judge ("the learned ASCJ") has adjourned an application, filed by the petitioner with Civil Suit 255/2022 (Rajeev Tomar v. EDMC) seeking stay of the proposed demolition of the petitioner's premises on as many as seven occasions, without taking up the application for decision. In fact, on one occasion, i.e. 28th February, 2022, the earlier learned ASCJ passed the following order:
"28.02.2022
In terms of Hon'ble High Court Order, all the cases listed today are to be taken up through physical mode.
Present: Ms. Shachi Jain., Ld. Counsel for plaintiff.
Ms. Reena, JLO on behalf of EDMC.
Ms. Reena, JLO, on behalf of EDMC submits that summons of the suit has received through Whatsapp. A Spare copy of the plaint and documents is supplied to the JLO in the court today against acknowledgement.
An urgent prayer is made on behalf of p
The court emphasized the need for timely decisions in demolition cases to prevent irreparable harm, and mandated that authorized legal representation is critical in such proceedings.
The court highlighted the urgency of resolving stay applications in demolition cases, stressing that such requests must be expedited to prevent irreparable harm.
The court emphasized the need for prompt judicial handling of stay applications in demolition cases to avoid irreversible harm to property, highlighting the urgency of such matters.
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 may grant interim protection against demolition orders pending appeals, with conditions on further construction activities to ensure adherence to existing regulations.
A stay on a demolition order can be granted pending appeal, emphasizing the need for functioning appellate mechanisms in administrative law.
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.
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