9911796707
TMI Blog1998 (11) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary to give brief narration of the material facts. The plaintiffs have filed the suit for a permanent injunction restraining the defendants from demolishing and/or sealing the whole or any portion of the property bearing Nos.1142-1145, Gali Nos. 9 and 10, Abdul Rehman Street, Karol Bagh, New Delhi on the allegations that the defendant's threatened action for demolishing and/or sealing a portion of the building in question is vocative of the principles of natural justice inasmuch as no pre-decisional notice was served on the plaintiffs. 3. The defendant resisted the suit contending that after obtaining sanction of the plan, the plaintiffs constructed the building in question. On inspection, it was found that certain portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3]3SCR522 . 5. For the erection of the new building or of re-construction of any building, the procedure is prescribed under Chapter XVI of the Act. Section 331 defines the expression to erect a building . Section 332 provides that no person shall erect or commence to erect any building or execute any of the works specified in Section 234 except with the previous sanction of the Commissioner . Section 343(1) empowers the Commissioner to issue order of demolition of the offending erection work of any building covered by the Act. Section 343 of the Act reads as under : 343. Order of demolition and stoppage of building and works in certain cases and appeal. (1) Where the erection of any building or execution of any work has been co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aggrieved by an order of the Commissioner made under Sub-section (1) may prefer an appeal against the order to the Appellate Tribunal within the period specified in the order for the demolition of the erection or work to which it relates. (3) Where an appeal is preferred under sub-Section (2) against an order of demolition the Appellate Tribunal, may, subject to the provisions of Sub-section (3) of Section 347 stay the enforcement of the order on such terms, if any, and for such period, as it may think fit. Provided that where the erection of any building or execution of any work has not been completed at the time of making of the order of demolition, or order staying the enforcement of the order of the demolition shall be made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rection or the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrear of tax under this Act. Section 344 empowers the Commissioner to stop the construction of the building where the erection of such building or execution of any work has been commenced or is being carried on either without sanction or contrary to sanction so granted. Under Section 345A, the discretion is with the Commissioner to make an order directing the sealing of such offending erection or work or the premises before or after making an order of demolition under Section 343. An appeal has been provided under Sub-section (2) of Section 343 of the Act against the order of demolition. A furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 343(1) of the Corporation Act. The Court should direct the person aggrieved to pursue a remedy before the Appellate Tribunal and then before the Administrator in accordance with the provisions of the said Act. (ii) The Court should entertain a suit questioning the validity of an order passed under Section 343 of the Act, only if the Court is of prima facie opinion that the order is nullity in the eyes of law because of any jurisdictional error in exercise of the power by the Commissioner or that the order is outside the Act 7. It is well settled that the jurisdiction of a Court primarily, depends upon the allegations made in the plaint and it is the cause of action which determines the jurisdiction of a Court. In Mohd. Kh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es/ property or any part thereof, could be passed by the defendant Corporation. The building cannot be demolished and/or sealed and /or essential amenities withheld at the whim and fancy of the defendant. To the knowledge of the plaintiffs, there has been no order passed by any Competent Authority either directing demolition or sealing of the property in question. Demolition has to be carried out strictly under the authority of law. It seems that the employees of the defendant Corporation are trying to achieve their ulterior motive by threatening demolition/sealing of the property. 8. Thus according to the plaintiff, no demolition order was passed for demolition of the alleged unauthorised construction in the building. It was pleaded in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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