order itself was contrary to the principles of natural justice and void, the Subsequent order of the Board of Appeal confirming such void order would ... passing of the demolition order is absolutely innocuous and it is merely a proposed order which becomes the order of demolition on confirmation
Anil Kumar Khurana vs Municipal Corporation Of Delhi on 9 February, 1996
Equivalent citations: 1996IAD
Section 345-A empowers the Commissioner to order sealing of any erection or work before ordering demolition under Section 343 or stoppage of work under ... show cause being issued before making an order. However under Section 343 no order of demolition shall be made unless 'such person
demolition notice for unauthorised construction was issued on 3rd February, 1994 to which also no reply was forthcoming and thus the Mcd passed demolition order ... builders for demolition of the property. The petitioners have deliberately concealed from the Court various show cause notices as also the demolition order passed
determination of the question involved in order to pass a judicial or quasi-judicial order for demolition of property to the prejudice of the right ... such person, as may be specified in the order :
Provided that no order of demolition shall be made unless such person has been given
disclosed in the
5
demolition order. Apart from the above issue, the
petitioners have not assailed the order of demolition,
on any other ground ... petition is, thus, dismissed. There
shall be no order as to costs. The order of demolition
is not interfered with.
Parties
proceeding initiated under Section 414 of the Act, 1951 an order of demolition of the 6th and 7th stories had been ordered. It was held ... discretion ought to have been exercised in granting relaxation instead of ordering demolition.
5. Mr. P. K. Ray, learned senior Counsel assisted by Mr. Jugal
order was passed rejecting the petitioner's reply. On the other hand, the respondents have proceeded to mechanically pass an order for demolition ... alleged that the reply was not considered and that an order of demolition was passed. An appeal was filed and, without giving an opportunity
Chairman, LDA. This appeal was decided vide order dated 24.7.1989 (Annexure CA IV) whereby the order of demolition was set aside and the matter ... pursuance of order of Commissioner a fresh notice was issued by the Prescribed Authority and Prescribed Authority passed the order of demolition vide its order
Assistant Chief Town Planner were dissatisfied
thereof and issued the final demolition order by invoking Section 8
of the Sikkim Allotment of House sites ... India.
4. Learned Counsel for the Petitioner submits that the
demolition order has been issued in the teeth of the permission
granted earlier
