MAN MOHAN SINGH ATTRI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant intra-Court appeal has been filed under Clause X of Letters Patent, taking exception to the judgment and order dtd. 23/12/2024 passed by the learned Single Judge, whereby W.P.(C.) No. 3760/ 2024 has been dismissed. The appellant has also challenged the order dtd. 6/8/2025 passed by the learned Single Judge dismissing the petition filed by the appellant seeking review of the judgment and order dtd. 23/12/2024.

(2.) Before adverting to the submissions made by learned counsel for the respective parties, certain facts necessary for proper adjudication of the instant intra-Court appeal are noted, which are as follows:

(3.) Adverting to the submissions made by learned counsel for the appellant, we may note that the learned counsel for the appellant has contended that Sec. 348 of the DMC Act vests statutory authority in the Commissioner of the Municipal Corporation for removal of dangerous buildings and since removal of any building necessarily deprives the owner/ occupier of the building of certain rights available to them as such it is the Commissioner who ought to have passed the order and not his delegatee.