demolition order and as such the
Hon'ble Single Judge ought not to have set aside the order of
5
demolition passed ... order dated June 11, 2019 passed
an order dated August 29, 2019 directing the writ petitioner to
collect the said order from the office
demolition order was on record. To the
contrary, ld. counsel submits that except the order at page 208, which
is not a demolition order ... demolition order has been placed on record. Ld. counsel
thereafter relies upon CM APPL. 31672/2020 to argue that the order of
demolition now relied
with law. In the said order it was recorded
that there is no dispute that the order of demolition became final and
binding between ... plausible reason.
The Court in the order dated 22-09-2016 specifically observes
that the order of demolition dated 03-07-2013 has become final
order dated 11.05.2012 was passed. Further, ld ATMCD did
not find any merit in the submission by the appellant that the impugned
order of demolition ... order, an order of the
Appellate Tribunal under Section 347B , and subject to such
orders of the Administrator or an Appellate Tribunal, an order
record, the Show
Cause Notice dated 12.10.2018 for demolition of the unauthorized
construction and the demolition order dated 26.10.2018 were pasted at
the spot ... argument, it be assumed that the demolition show-cause notice dated
12.10.2018 and the demolition order dated 26.10.2018 were not served
upon her; nevertheless
reply to
the show cause notice, the respondent passed the demolition order
dated 28.02.2019, without affording any opportunity to the appellant
to be heard. Therefore ... Municipal Corporation Act before the learned
Appellate Tribunal MCD, assailing the demolition order dated
28.02.2019. In the said appeal, the learned ATMCD issued notice
Delhi (in short "Ld. ATMCD") while setting
aside the demolition order dated 03.07.2012, remanded the matter
back to the Director ... order dated 10.05.2010.
6. The Ld. ATMCD vide judgment dated 06.12.2010 allowed
the said appeals and set aside the sealing order dated 04.03.2010
and demolition
appellants challenged the demolition order before the
Ld. ATMCD. The Ld. ATMCD vide a detailed order
dated 19.02.2019 upheld the demolition order and
dismissed ... order to test the legality and validity of
the impugned order, I have considered the nature of the
structures as mentioned in the Demolition Order
restrain the Commissioner from taking action against
unauthorised construction and implementing demolition orders. It was
further submitted that the Supreme Court has not held either ... occurred in the
issuance of the Show-Cause Notices or the demolition order and
therefore, the learned Civil Judge had no jurisdiction to entertain this
building is in a dilapidated condition and requires demolition.
Merely producing a demolition order from the Corporation of Chennai may
not be sufficient to prove ... Chennai
Corporation alone for ordering demolition and reconstruction. Mere
production of the demolition certificate is not sufficient, as the demolition
certificate can be obtained even
