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1 - 10 of 10 (0.02 seconds)Section 349 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
The Delhi Municipal Corporation Act, 1957
The Code of Civil Procedure, 1908
Section 346 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Nand Kishore vs Municipal Corporation Of Delhi And Ors. on 9 August, 1968
In the case of Nand Kishore Vs. MCD, (1969)
DLT 214, it was held by a Division Bench of High Court of Delhi that the
Corporation having first decided to demolish whole of the building and
had given effect to the decision for 5/6th of it, it could not later change its
mind and order repairs only to the remaining 1/6th. The same remarks
would meet the arguments that some good portions of the ground floor
should be preserved. Also the fact that the building has not fallen down
till now does not mean that the opinion formed by the Commissioner was
not based on existence of grounds or circumstances. Correctness of the
opinion is not to be canvassed before the Civil Court.
Section 461 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
Municial Corporation Of Delhi vs Ramesh Chander And Anr. on 22 August, 1979
In the backdrop of the elicited provisions of Section 348 and
349 of DMC Act and law laid down in respect of these provisions in the
cases of Daulat Ram (supra) and Ramesh Chander (supra), I find the
elicited grounds of appeal not holding any merit to set aside the
impugned order of the Trial Court or to restrain Respondent Corporation
for implementation of its referred orders dated 17.10.2014 under Section
348 and 349 of DMC Act or to restrain the Respondent Corporation from
demolition of the suit property. Consequently, appeal is found lacking
merits and being not maintainable is accordingly dismissed. No order as
to costs.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Municipal Corporation Of Delhi vs Daulat Ram (Died) Represented By Lrs. on 30 April, 1971
In the case of Daulat Ram (supra)
also had been held that the question as to whether the disputed building
needed demolition was to be judged by the Corporation and civil courts
had no jurisdiction to sit in judgment on the act done or purported to be
done by Corporation in exercise of its statutory power. In the course of
arguments counsel for Respondent Corporation assisted by the ALO of
Respondent Corporation informed that floors upper than ground floor of
the property in question stand already demolished. Opinion formed by
Respondent Corporation that building in question was in dangerous
condition and should be demolished was formed about whole of the
building.
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