orders dated 22.06.2021 of Appellate Tribunal,
MCD, demolition action in execution of demolition order was
taken by the answering respondent on 23.07.2021 with the help ... twice and demolition action was taken in
execution of the demolition orders passed by following the due
process of law and in compliance of orders
implementation of the order of demolition. While passing order for implementing
the order of demolition, the Court never had the occasion to adjudicate the
legality ... acted upon
even though no formal order setting aside or staying the order of demolition was
passed by any competent Court or Tribunal
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 ... Judicial propriety demands that the order passed by the
superior forum shall always get precedence.
The order of demolition, challenged unsuccessfully before this
Court
stated that it is correct to say
that the demolition order on 15.02.2012, ordered demolition of 18
rooms but it is denied that there existed ... order and
16.03.2020 order of GCZMA) and the Show cause notice dated
16.03.2020. After several hearings, the impugned order of the
demolition has been passed
earlier
occasions the appellants could succeed in their endeavour, as the
demolition order(s) issued by respondent No.3 were set aside by court ... said premises. This prompted respondent No.3 to issue
demolition order dated 04.3.2022, which was challenged in the writ petition,
before Learned Single Bench being
took into consideration
the power of the Magistrate to issue an order of
demolition. Details have been mentioned therein as to
wherefrom the Municipal Magistrate ... petitioner being aggrieved by
the order passed by the Municipal Magistrate assuming
jurisdiction to pass the order of demolition, the
petitioner ought to have proceeded
name. It appears
from the record that the demolition order was passed in
the proceedings initiated by the respondents on
13.04.2015. The petitioner states that ... Corporation, then, proceeded to carry out the
demolition. In the appeal preferred against the demolition
order, the Court directed restoration of the construction,
since
meeting dated
22.10.2019 took the decision to order demolition of the pergola,
metallic staircase and the internal changes in the authorized
structure. In the month ... then the Appellant came to know about the copy of
demolition order dated 10.12.2019. Vide order dated 18.12.2019,
the said PIL Writ Petition was disposed
which was dismissed vide order dated
18.01.2019.
5. Thereafter vide order dated 24.01.2019, the Dy. Collector
(Revenue) directed the demolition of the illegal structures ... dismissed vide order dated 21.10.2019. Thereafter, the
Respondent No. 3 in order to further delay execution of the demolition
order, sent a reminder
respect to the construction by order dated 25.05.2009. It is further
stated that vide order dated 22.07.2009, the demolition order was
passed by the respondent ... while passing the
impugned order. It is prayed that the impugned order dated
19.08.2013 be set aside and the demolition order dated