JUDGEMENT
-
(1.) Special leave granted.
(2.) These appeals have been filed against an order passed by the Delhi High court directing the Municipal Corporation of Delhi (hereinafter referred to as "the Corporation") to issue appropriate notices to the owners/occupiers/builders of the buildings where illegal constructions' have been made. A liberty has been given to the owners/occupiers/ builders to file fresh building plans with the Corporation in conformity with the existing bye-laws. The building plans as filed are to be examined in accordance with the law. The Corporation has been directed that if it finds that the constructions are beyond the compoundable limits, then to seal the same and to demolish thereafter.
(3.) The appellants have no grievance so far as the aforesaid part of the order is concerned. They have sought interference of this court with the other part of the order, where it has been said that "no civil suit will be entertained by any court in Delhi in respect of any action taken or proposed to be taken by the Corporation with regard to the sealing and/or demolition of any building or any part thereof. Any person aggrieved by an order of sealing or demolition which is passed shall, however, have the right of filing an appeal to the appellate tribunal under the Municipal Act. The appellate tribunal is the only forum which has the jurisdiction to grant interim relief. " The other part of the order in respect of which objection has been taken is where the court has directed the Corporation to approach those courts which have already issued injunction "for variation and vacation of the injunction orders in the light of" the said order.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.