The court emphasized the necessity of providing adequate opportunity for hearing to all parties, particularly when a decision is made without full instructions from one party.

CM APPL 58573/2023 (for recalling order dated 16.10.2023 filed by the respondent)

1. Heard learned Senior Counsel appearing on behalf of the parties.

2. Mr. Poddar, learned Senior Counsel who appears on behalf of the respondent- Municipal Corporation of Delhi (MCD) submits that the main writ petition i.e., W.P.(C) 13644/2023 came to be disposed of vide order dated 16.10.2023 without formal notice being issued to the respondent. According to him, on 16.10.2023, learned counsel on behalf of the respondent-MCD appeared only on advance notice. In the absence of complete and full instructions, besides the communication dated 23.03.2023, the other relevant aspects could not be clarified in the Court. He, therefore, submits that in communication dated 23.03.2023, the impression which is sought to be conveyed is that no notice and building permission is required for addition/alteration which does not otherwise violate any provisions regarding building requirements, structural safety, fire safety requirement and involves no change in cubic contents or in the built up area of the building as defined by the bye-laws. That apart, the reconstruction of a portion of building damaged by storm, rain, fire, earthquake or any natural calamity to the same extent as existed prior to the damage as per sanction plan does not require any permission, provided the use conforms to the provisions of MPD.

3. Mr. Poddar essentially contends that in the instant case, the petitioner does not have any sanction plan and therefore, the communication dated 23.03.2023 is not applicable in the case of the petitioner. He also asserts that since an undertaking has been recorded by this Court, therefore, neither the respondent-MCD could clarify the aforesaid position, nor it was able to withdraw the communication dated 23.03.2023 made to the petitioner. 4. On the contrary, Mr. Yadav, learned Senior Counsel appearing on behalf of the original writ petitioner strongly opposes the aforesaid submissions and submits that primarily, the instant application for recall itself is not maintainable. According to him, since the writ petition was disposed of with the consent of the parties, there is no violation of the principles of natural justice and this Court has not committed any jurisdictional error. Therefore, according to him, the instant application is bereft of merit and hence, the same has to be dismissed as not maintainable.Additionally, he also tries to emphasize that in the instant case the construction in question has taken place prior to 1911 and at the relevant point of time, no sanction plan was required to have been obtained from any authority. He, therefore, submits that the respondent-MCD is erroneously applying the sanction plan requirement under the facts of the present case.He, therefore, submits that the instant application is nothing but an abuse of the process of law. He also placed reliance on the decision of the Division Bench of this Court in the case of P.U.R. Polyurethane Products (P) Ltd. v. Geeta Bhargava and Ors.1 Thus, the main plank of his argument is that the instant application is not maintainable.

5. I have considered the submissions made by learned Senior Counsel for the parties and have perused the record.

6. Upon a perusal of the nature of the order passed by this Court, it is seen that the same has been passed bearing in mind the communication dated 23.03.2023. For the sake of clarity, the communication dated 23.03.2023 reads as under:- “MUNICIPAL CORPORATION OF DELHI OFFICE OF THE EXECUTIVE ENGINEER (BUILDING)-II CITY-SADAR PAHAR GANJ ZONE 2nd FLOOR, NIGAM BHAWAN, OLD HINDU COLLEGE, KASHMERE GATE, DELHI-110006 No.D-1677/AE(B)-II/C-SPZ/2023 Dated: 23/03/2023 1 2006 SCC OnLine Del 809.Sub: Information w.r.t. your proposal dated 16/02/2023 regarding Property / Plot / Shop Nos. Plot / Shop No.1839, situated at Bissomal Colony, Bagh Begum, Samroo Bhagirath Place, Chandni Chowk, Delhi-110006.

This is with reference to your representation /