Santosh Sharma And Anr vs Ndmc And Ors
2021 Latest Caselaw 873 Del

                                      $~11
                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                                 Judgment delivered on: 15.03.2021

                                      +     W.P.(C) 1524/2021 & CM APPL.4355/2021
                                      SANTOSH SHARMA AND ANR                              ..... Petitioners

                                                               versus

                                      NDMC AND ORS                                       .....Respondents
                                      Advocates who appeared in this case:
                                      For the Petitioner:        Mr. Harsh Vardhan & Mr. Vinit Singh Chauhan,
                                                                 Advocates.
                                      For the Respondent:        Mr. Ram Kumar, Advocate for R-1/North DMC.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                  JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioners impugn order dated 30.12.2020 passed under Section 338 of the Delhi Municipal Corporation Act whereby the sanctioned building plan qua the plot of the petitioner i.e. property No.4548/12, Ram Nagar, Tri Nagar, Delhi has been revoked on the alleged ground of misrepresentation and being in violation of the policy/guidelines/provisions of MPD 2021.

2. Learned counsel appearing for the respondents/Corporation submits that the show-cause notice was sent by post and twice it came back and thereafter it was pasted on the subject property and despite

Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:15.03.2021 22:31:42 W.P(C) 1524/2021 Page 1 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

the same, no reply was received from the petitioners to the show- cause notice.

3. Learned counsel for the petitioners submits that petitioners never received the show-cause notice and is not residing at the subject address and is residing at of 993/66, Lekhu Nagar, Tri Nagar, Delhi and this address is available in the records of the Corporation.

4. Without getting into the controversy as to whether the petitioners were served with a show-cause notice by pasting or not, since admittedly the notices sent were received back with the report "premises locked" and petitioners are alleged to have been served only by pasting, it would be appropriate that one opportunity is granted to the petitioners to file a response to the show-cause notice and thereafter for respondents to pass a fresh speaking order.

5. In view of the above, the impugned order dated 30.12.2020, insofar as it revokes the sanctioned building plan, is set aside.

6. Respondents shall serve a copy of the show-cause notice on the petitioners through counsel within two days. Petitioners shall thereafter file a reply to the show-cause notice within one week and respondents shall thereafter pass a fresh speaking order on the subject show-cause notice after affording an opportunity of a personal hearing to the petitioner.

7. Petition along with pending application is disposed of in the

Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:15.03.2021 22:31:42 W.P(C) 1524/2021 Page 2 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

above terms.

8. All rights and contentions of the parties are reserved.

9. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J.

MARCH 15, 2021 ak

Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:15.03.2021 22:31:42 W.P(C) 1524/2021 Page 3 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.