Someone in our neighbourhood has filled an appeal in MCD Appellate agianst NOC which we have recieved for installation of lift in our block. My questions are as follows. 1. Can a third party can appeal against a NOC in appelate ? As I understand role of appelate comes when aggrieved party tries to appeal against an order . For example demolition order or vacation order ? 2. Can we be formal defendant as generally MCD commissioner or sitting officer is the defendant in appelate related case ? 3. Can a appeal can be made by third party against a NOC after 30 days of NoC given. In our case it is almost 10 months later when entire structure is ready and complete. Look forward for the response.
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1. No a third party can not file an appeal, he does not have a locus to file an appeal.
2. You can file an impleadment application and can be a part in the appeal. Bear in mind that there happens to be no specific procedural so, so a lot depends on the discrition of the commissioner.
3. As told earlier there happens to be no specific procedure, so a lot depends on the discrition of the commissioner.
Regards
Firstly, yes it is true what you just specified about the appellate authority, but it is also true that any body in the form of PIL can before the court or complain to the MCD about the NOC.
You might have wrong information about your neighbour they would have gone to MCD for a complain.
Secondly, if they happen to come to you for demolition then immediately (as they give very short notice) contact me so that we can file a writ of mandamus to direct MCD to not to demolish till the proper proceedings are not finished.
You need to give some more information about your construction, and now also after paying some penalty we can get the NOC.
Thirdly, here is no question of appeal, and there is no such limitation to file any complain as PIL.
Can contact for further assistance through Kanoon.
This appeal is highly misconceived, because the third party has no locus to file the same at first place.
Since this third party can in no circumstance be aggrieved by the NOC granted to you for installation of list in your Block, you can it maintain an appeal at it's behest.
Only those parties can contest an appeal, whom were parties in the first round of litigation
You are not required to intervene in this appeal, since this is not only misconceived but also barred by limitation and hence, it should be junked most likely.
1) aggrieved party can file appeal against appellate order
2) notice has to be served upon you as you are former , proper and necessary party
3) take the plea that construction of lift in block has already been completed and commissioned .
Sorry I mighy not clearify myself at first place. A neighbour didnt appral against appelate order . He has filled an appeal in appelate for quashing of NoC granted by Assistant engineer MCD. Also appelate allows 30 days from date of the order but here neighbour filled it after 30 months.
Take the plea that appeal is not maintainable as it had not been filed within period of 30 days from date of order
Appeal can be filed along with an application of condonation of delay or it may be possible that he get the knowledge later and filed an appeal within time, it will be better to discuss the matter with detail facts.
Feel free to call
1.Well,under section 347B(a) of the Delhi Municipal Corporation Act,appeal under section 347A will lie beofre the Appellate tribunal agaisnt any sanction of layout issued under section 313 of the Act or under any order of sanction under section 336 of the Act.
So the person being aggrieved by the plan for installing lift may challenge such decisison beofre the Appellate authority .
2. yes, you can appear in the appeal and oppose his appeal.
3.Same as above.
1.) If a third party is concerned aggrieved person then he can definitely file the petition.
2.) You will the notice whether he has made you party to the petition or the only MCD commissioner.
3.) If he has valid and sufficient reason for delay, then only he can file the application.
Again I am telling you that they can’t go straight to the appellate authority before losing the case before the lower tribunal.
They must have filed a complain to tribunal.
And yes then can go to the tribunal even after 30 months by giving it as a threat to their life or PIL for the violation of MCD norms.
You just keep one thing in mind that they would give you one or two days time to demolish it or they would do it. Now, during that period approach the high court so that we can mention the case and list it for the same day.
Since he has approached with a delay of 30months, if he fails to explain the reason behind this delay, his claim is liable to be rejected.
If it has been filed after 30 months, beyond the period of limitation then the same can not be entertained until and unless the delay is condoned by the commissioner.
Regards
Dear Client,
Firstly, appeal is effects by limitation
Next, No locus standi to challenge NOC.
In what way , he is effected by construction of Lift.
You are right that only the aggrieved party can prefer the appeal, however the third party, if was affected by the judgment but could not get opportunity to participate the case in the trial court, may file a petition to implead himself as a party to the appeal.
Sorry I mighy not clearify myself at first place. A neighbour didnt appral against appelate order . He has filled an appeal in appelate for quashing of NoC granted by Assistant engineer MCD. Also appelate allows 30 days from date of the order but here neighbour filled it after 30 months.
The appeal filed by the neighbor may not be maintainable.
A third party can not file an appeal, he does not have a locus standi to file an appeal. If limitation period is specified then he can't file appeal after period of limitation. You can get Impleaded as party to the proceedings since.your the one who will be affected by order of appellate authority.
In appeal he should prove his locus standi without that he can't be a party. Rest all your queries comes later if he doesn't have locus standi he can't proceed with the Same. Yes you can be formal defendant. He can file condonation of delay if limitation ceases and proceed with the same after 30 days.
