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1 - 9 of 9 (0.23 seconds)Section 349 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
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. 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.
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 demolition of suit shop in declared dangerous building. Consequently,
appeal is found lacking merits and being not maintainable is accordingly
dismissed. No order as to costs.
Section 461 in The Delhi Municipal Corporation Act, 1957 [Entire Act]
The Delhi Municipal Corporation Act, 1957
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. Opinion formed
by Respondent Corporation that building in question was in dangerous
condition and should be demolished was formed about whole of the
MCA12/2015
Sunder Dass Sachdeva Vs. Lalit Kumar Sharma & Ors. Page 11 of 15
building.
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