New Delhi, Feb 12 (PTI) The Delhi High Court on Wednesday sought the stand of the NDMC and MCD on a PIL over the sealing of unauthorised premises without a prior notice to the owner or occupier.
A bench of Chief Justice D K Upadhayaya and Justice Tushar Rao Gedela issued notice to the civic authorities and the Centre on a couple of pleas filed by advocate Amit Sahni and asked them to file their responses within four weeks.
Sahni said a sealing order, passed by the authority concerned after the issuance of a showcause to the owner of a purported unauthorised building and an opportunity of hearing, was appealable before an appellate tribunal within 30 days.
However, the relevant rules under the Delhi Municipal Corporation (Sealing of unauthorized construction) Rules and The New Delhi Municipal Council (Sealing of Unauthorised Construction) Rules mandated the copy of sealing order should be delivered to the owner/occupier of the premises “immediately after sealing of such premises”. The process, therefore, deprived the aggrieved person to avail their statutory remedy before adverse action, Sahni argued.
“Due to this anomaly, the owner/occupier is taken by surprise because the premises are sealed and the orders are communicated only after sealing of the premises,” he added.
The matter would be heard in April. PTI ADS AMK
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