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1 - 8 of 8 (0.44 seconds)Vinit vs Municipal Corporation Of Delhi & Ors on 16 October, 2023
1. These are the two appeals challenging the sealing order dated 16.05.2017
in appeal no. 14/19 and the demolition order dated 27.11.2012 in appeal no.
81/19 passed in respect of unauthorized construction carried out in Property
8763/3, Multani Dhanda, Paharganj, Delhi in the shape of Ground Floor, First
Floor, Second Floor and Third Floor. The brief facts necessary for disposal of
these appeals are that appellant no. 1 & 2 are the owners of first floor,
appellant no. 3 & 4 are the owners of second floor and appellant no. 5 is the
owner of third floor of the subject-property. The appellants have purchased
their respective floors through GPA etc. executed by Smt. Anju and Smt.
Roma. The GPA in favour of appellant no. 1 & 2 was executed on
A. No. 14/19 & 81/19 Vinit and Ors. Vs. MCD Page No. 2 of 8
06.04.2010, the GPA in favour of appellant no. 3 & 4 was executed on
23.09.2009 and for the third floor in favour of appellant no. 5 on 15.03.2010.
Initially the property was booked and demolition order was passed on
08.10.2010 and sealing action was taken on 09.04.2012. The appellants
preferred appeal no. 179 of 2012 against the earlier sealing order dated
28.12.2010. That appeal was allowed on 07.05.2012 with directions to the
appellants to appear before the Quasi Judicial Authority and the respondent
was directed to pass speaking order. It was also noted that since the ground
floor owner withdrew its appeal for the ground floor, the sealing order dated
28.12.2010 was made final in respect of the ground floor. Pursuant to the
order dated 07.05.2012, the appellants filed their reply and also appeared
before the Quasi Judicial Authority who passed the sealing order on
16.05.2017. The appellants also challenged the demolition order in appeal
no. 81 of 2019 claiming that the demolition order dated 27.11.2012 was never
served upon them and the copy of the same was received only on
31.01.2019. It is also relevant to note that the earlier demolition order dated
08.10.2010 was challenged by Smt. Anju and Smt. Roma in appeal no.
241/12 and that order was also set-aside in this appeal on 16.08.2012.
Section 3 in The National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 [Entire Act]
Section 2 in The National Capital Territory of Delhi Laws (Special Provisions) Act, 2011 [Entire Act]
The General Clauses Act, 1897
State Of U.P.& Ors vs Mahesh Narain Etc on 6 March, 2013
6. Ld. counsel for the appellant in support of his arguments relied upon the
judgment of Hon'ble Delhi High Court passed in Khushi Sewa Sanstha Vs.
The State and Ors. dated 16.01.2013 in Writ Petition No. 2000/12, of Hon'ble
Supreme Court passed in State of UP Vs. Mahesh Narain AIR 2013 SC1778
and Delhi Airport Metro Express Pvt. Ltd. Vs. Delhi Metro Rail Corporation
290 (2022) DLT 116 (SC).
Delhi Airport Metro Express Pvt. Ltd. vs Delhi Metro Rail Corporation Ltd. on 9 September, 2021
6. Ld. counsel for the appellant in support of his arguments relied upon the
judgment of Hon'ble Delhi High Court passed in Khushi Sewa Sanstha Vs.
The State and Ors. dated 16.01.2013 in Writ Petition No. 2000/12, of Hon'ble
Supreme Court passed in State of UP Vs. Mahesh Narain AIR 2013 SC1778
and Delhi Airport Metro Express Pvt. Ltd. Vs. Delhi Metro Rail Corporation
290 (2022) DLT 116 (SC).
Khushi Seva Sanstha (Regd) vs The State & Ors on 16 January, 2013
6. Ld. counsel for the appellant in support of his arguments relied upon the
judgment of Hon'ble Delhi High Court passed in Khushi Sewa Sanstha Vs.
The State and Ors. dated 16.01.2013 in Writ Petition No. 2000/12, of Hon'ble
Supreme Court passed in State of UP Vs. Mahesh Narain AIR 2013 SC1778
and Delhi Airport Metro Express Pvt. Ltd. Vs. Delhi Metro Rail Corporation
290 (2022) DLT 116 (SC).
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