Need guidelines on demolition notices, says Delhi HC

The corporation, however, did not issue a showcause notice for demolition nor any demolition order.

The Delhi High Court recently set up a committee to deliberate on the procedure for serving showcause notices, besides sealing and demolition orders, to unauthorised constructions. Justice J R Midha said, “This court is of the view that it is necessary to lay down guidelines for service of the demolition notices and orders by all corporations…” Issuing notice to the East and South municipal corporations, the judge impleaded them as respondents in the matter.

The matter pertains to a writ petition filed by Suma Elias. The petitioner’s counsel, Arjun Natarajan and Varun Kumar Tikmani, said the SDMC had asked Elias to vacate her flat in Sheikh Sarai through an order dated May 8.

The corporation, however, did not issue a showcause notice for demolition nor any demolition order. The SDMC later provided a copy of the showcause notice dated November 21, 2016, demolition order dated October 28, 2016 and work stop notice dated December 1.

Following this, the counsel sought permission to withdraw the petition for filing an appeal before the MCD Appellate Tribunal. The court will next hear the matter on May 30 and consider the committee’s report.