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Showing contexts for: mcd act in Amrik Singh Lyallpuri vs Union Of India & Ors on 21 April, 2011Matching Fragments
6. The provisions of Section 253 of the NDMC Act are virtually on the same lines. Under sub-section (3) of Section 347A and sub-section (3) of Section 253 of the NDMC Act, a person shall not be qualified for appointment as a presiding officer of an Appellate Tribunal unless he is, or has been, a District Judge or an Additional District Judge or has, for at least ten years, held a judicial office. Similarly, Section 355 of the NDMC Act virtually is pari materia with sub-section (7) of Section 347C of the said Act.
section (1) of that section, shall be final."
89. Similarly, under Section 256 of the NDMC Act, appeal also lies to the Administrator. Both the sections, namely, Section 347D of the said Act and Section 256 of the NDMC Act are couched in similar terms. Under both the Acts, the jurisdiction of the Civil Court has been barred;
vide Section 347E of the said Act and Section 257 of the NDMC Act.
10. The main question which was raised in the writ petition moved before the High Court was whether an appeal from an order of the Appellate Tribunal constituted under the aforesaid two Acts can be heard and decided by the Administrator. The term "Administrator" has been defined under Section 2(1) of the said Act as follows:-
25. In view of this decision by this Court, till a proper judicial authority is set up under the aforesaid Acts, the appeals to the Administrator under Section 347D of the Delhi Municipal Corporation Act, 1957 and also under Section 256 of the NDMC Act shall lie to the District Judge, Delhi. All pending appeals filed under the erstwhile provisions, as aforesaid, shall stand transferred to the Court of District Judge, Delhi. However, the decisions which have already been arrived at by the Administrator under the aforesaid two provisions will not be reopened in view of the principles of prospective overruling.