Sections 334 and 335 DMC
Act. The Commissioner of the Municipal Corporation grants
sanction under Section 336 of DMC Act. The said statutory rule
authorises ... under Section 347 B(1)(h), is meant only
for a person aggrieved by an order cancelling a sanction under
Section 338 DMC Act
principles of law and equity; that the statutory ingredients
of Section 338 DMC Act namely 'material misrepresentation' or
'fraudulent statement ... revoked by the
Commissioner under section 338 and also by the Tribunal under
section 347-D DMC Act. However, the foundational case of the
respondent
issued a
show cause notice dated 01st July, 2024, under Section 338 of DMC Act,
for revocation of building plan of the subject property sanctioned ... Show Cause Notice dated 01st July,
2024 under Section 338 of the DMC Act. He states that, in any case, the
appellant is entitled
Owners certain issues. Accordingly, a Show Cause Notice u/s 338
of the DMC Act, 1957 bearing ... dated 17.01.2023 be not revoked
under section 338 of the DMC Act. 1957. Copy of Show Cause Notice
u/s 338 of the DMC Act
respondent has initiated proceedings under section 338 of the
DMC Act for revocation of sanctioned plan obtained vide I.D.
No. 10094758 dated ... shall be taken after conclusion of proceedings
initiated under section 338 of the DMC Act.
7. That it is respectfully submitted that as the unauthorised
senior counsel submits that no hearing as mandated
under Section 338 of the DMC Act has been granted to the petitioner.
5. Learned counsel appearing ... DMC Act mandates that before
making any order under Section 338 DMC Act, the Commissioner
shall give reasonable opportunity to the person affected
DMC Act "), as well as the impugned
Notice dated 17th July, 2025, issued under Section 345 read with Section 347
of the DMC Act ... issued under Section 345A of the DMC Act, and that the Show Cause
Notice dated 25th June, 2025 is under Section 338 of the DMC
submits
that a Show Cause Notice under Section 338 of the DMC Act has been
issued to the said respondents, and proceedings are pending before ... that any order passed in the said proceedings under
Section 338 of the DMC Act, would be appealable before the ATMCD. He,
thus, submits that
section (1) of that section, shall
be final"
17. As per sub-Section (1) to Section 347D of the DMC Act, an
appeal against ... DMC Page 16 of 44
20. At this juncture, we must also have a look at section 338
and 347 of the DMC Act, which
section (1) of that section, shall be
final"
12. As per sub-Section (1) to Section 347D of the DMC Act, an
appeal against ... case, the impugned order dated 22.03.2011
purportedly passed under Section 338 of the DMC Act cannot be
sustained in law as there was no material
