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Delhi High Court - Orders

Sh. Babu Ram Sharma vs East Delhi Municipal Corporation And ... on 9 May, 2024

Author: Sachin Datta

Bench: Sachin Datta

                                    $~61
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 9117/2019
                                                SH. BABU RAM SHARMA                                                        ..... Petitioner
                                                              Through:
                                                              versus

                                                EAST DELHI MUNICIPAL CORPORATION AND ORS.
                                                                                             ..... Respondents
                                                             Through: Ms. Tajinder Virdi, SC for MCD
                                                                       (through v/c)
                                                                       Mr. Aman Singh, Adv. for Mr.
                                                                       Sameer Vashisht, ASC (Civil),
                                                                       GNCTD.
                                                                       Mr. Sanjay Vashishtha, Ms. Harshita
                                                                       Rai and Mr. Prince Pathak, Advs. for
                                                                       DDA (through v/c)
                                                                       Mr. Moksh Arora and Mr. Yash
                                                                       Srivastava, Advs. for BSES-YPL.
                                                                       Mr. Y. R. Sharma and Mr. Y. R.
                                                                       Chopra, Advs. for applicant in CM-
                                                                       8028/2024
                                                                       Mr. Rikky Gupta and Ms. Ananya
                                                                       Singh, Advs. for applicant in CM-
                                                                       27735/2024.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                             ORDER

% 09.05.2024 CM APPL.27735/2024 (for directions)

1. The present application has been filed by the applicant raising a grievance as regards the order dated 29.09.2023, issued under Section 338 of DMC Act, 1957, whereby the completion cum occupancy certificate issued This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 23:05:09 in favour of the applicant under SARAL scheme has been revoked.

2. It is the contention of learned counsel for the applicant that the order has been passed without affording an opportunity of hearing to the applicant. The said submission is, however, controverted by learned counsel for the MCD.

3. After some hearing, with the consent of respective counsel, this application is disposed of with the direction to the MCD to duly consider any representation that may be made by the applicant or other co-owners of the property against the aforesaid revocation order, and pass a speaking order thereon after affording an opportunity of hearing to the applicant.

4. It is further agreed that a speaking order shall be passed by the MCD within a period of four weeks from the date of submission of the aforesaid representation.

5. The present application is disposed of in the above terms.

SACHIN DATTA, J MAY 9, 2024/cl This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 23:05:09