Delhi High Court
Rajbir vs North Delhi Municipal ... on 20 December, 2021
$~46
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20.12.2021
+ W.P.(C) 14698/2021 & CM APPL. 46281/2021
RAJBIR ..... Petitioner
versus
NORTH DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Avadh Kaushik, Advocate (through VC).
For the Respondent: Mr. Anand Prakash, Standing Counsel, North
DMC with Ms. Varsha Arya, Advocate (through
VC).
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns demolition order dated 16.12.2021 whereby
demolition action is proposed against the alleged illegal construction
in the subject property.
2. Learned counsel for the petitioner submits that the petitioner
duly replied to the show cause notice dated 10.12.2021 on 16.12.2021,
however, the impugned order which is passed on 16.12.2021 records
that no reply has been received till date.
Signature Not Verified
W.P(C) 14698/2021 Digitally Signed 1
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.12.2021
Signing Date:21.12.2021 12:44:02 20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel submits that the show cause notice was
received on 15.12.2021 and the reply was filed the very next day,
however, the same has not been considered.
4. Learned counsel for the petitioner has shared over the email of
the Court Master copy of the registered envelope through which the
show cause notice was sent as well as its tracking report.
5. The postal receipt passed on the envelope shows that the notice
was dispatched on 13.12.2021 at 12.48 PM. The tracking report shows
that the notice was delivered on 15.12.2021 at 17.59. Reply to the
show cause notice was delivered by hand on 16.12.2021 and bears the
receipt of the respondent of 16.12.2021.
6. The show cause notice had stated that reply be given within
three days from the date of the service of the show cause. Reply was
duly filed within a period of three days, however, the impugned
demolition order was passed without taking into consideration the
reply.
7. Learned counsel for the respondent submits that the show cause
notice and action the is proposed in terms of the directions issued by
this Court in W.P(C) 12888/2021 titled 'Kamla Mohindru vs. North
Delhi Municipal Corporation & Ors'.
8. The directions of this Court in Kamla Mohindru (Supra) is to
Signature Not Verified
W.P(C) 14698/2021 Digitally Signed 2
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.12.2021
Signing Date:21.12.2021 12:44:02 20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
take action in accordance with law which would entail that principles
of natural justice have to be complied with.
9. Since the show cause notice was delivered to the petitioner only
on 15.12.2021 and the reply was filed the very next day, it was
obligatory on the Corporation to consider the reply prior to passing
the demolition order.
10. Accordingly, the demolition order dated 16.12.2021 is set aside.
The matter is remitted to the Corporation to consider the reply given
by the petitioner and after giving an opportunity of personal hearing
pass a speaking orders in accordance with law. The decision be taken
expeditiously.
11. Petition is allowed in the above terms.
SANJEEV SACHDEVA, J.
DECEMBER 20, 2021
rk
Signature Not Verified
W.P(C) 14698/2021 Digitally Signed 3
By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:20.12.2021
Signing Date:21.12.2021 12:44:02 20:58
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
