revisionist is aggreived only against the first order dated 02.08.2011 and
not against the second demolition order. Department proceedings were
initiated against the then junior ... opposed the revision
petition stating that the demolition proceedings were carried out in
execution of demolition order and demolition was carriet
such person, as may be specified in the order: Provided that no order of demolition shall be made unless such person has been given ... erection or the execution until the expiry of the period within which an appeal against the order of demolition if made may be preferred under
precipitate law and order problem. Hence, no order
should be passed directing KMC to implement the demolition order.
(9) I have considered the rival contentions ... demolition of the structure. Hence, today, in my
opinion, there is no scope for challenging the order of demolition
which has merged with the order
responsibilities to proceed with their own
orders passed in this regard.
So long the order of demolition stands and stares at the
face ... Since the said respondent has filed the application for
recalling the order of demolition, the competent authority is
directed to dispose of the said application
Sanjay Narang vs Union Of India And Others on 5 September, 2017
Equivalent citations: AIR
dispute in the execution proceedings and not by a
separate suit."
"8. Rule 35(3) of Order 21 itself manifests that when ... such a case,
in execution of the decree for possession, the executing Court can
order the removal or demolition of the construction made during
appeal against the order of demolition, if made, may be preferred
under sub-section (2).
(2) Any person aggrieved by an order of the Commissioner ... section (2) against
an order of demolition, the Court of the District Judge may stay the
enforcement of that order on such terms
filed
execution proceeding before Civil Judge Junior Division, Chamorshi
being Regular Darkhast No.02 of 2012. In this application, the
decree holders sought demolition ... application for
dismissal of the execution proceedings. It was his case before the
executing court that the order of demolition of his house and
physical
SDMC was held to be at
liberty to enforce the demolition order if not modified or stayed by the
Appellate Tribunal.
5. The respondents ... Singh aforesaid
filed Execution Petition from which this petition arises, for execution of the
decree. The petitioner filed objections aforesaid under Order XXI read with
responsibilities to
proceed with their own orders passed in this regard.
So long the order of demolition stands and stares at the face ... Since the said respondent has filed the application for recalling the order of
demolition, the competent authority is directed to dispose of the said
application
