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Dismissal of Petition Challenging Building Plan Sanction Due to Misrepresentation and Pending Litigation The court dismissed the petition seeking to quash a building plan sanction due to alleged misrepresentation and pending litigation regarding a property in ...
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Dismissal of Petition Challenging Building Plan Sanction Due to Misrepresentation and Pending Litigation
The court dismissed the petition seeking to quash a building plan sanction due to alleged misrepresentation and pending litigation regarding a property in New Delhi. The petitioner, who previously owned the property, challenged its sale to respondent Nos. 2 to 4 through proceedings under the SARFAESI Act but did not receive interim protection. As the only pending litigation related to the auction sale, the court held that the petitioner's remedy was to challenge the sale through the DRT or DRAT. With no interim protection granted, the court declined to intervene under Article 226, emphasizing that the Municipal Corporation Commissioner could not interfere in SARFAESI Act proceedings.
Issues: Petition seeking quashing of a building plan sanction due to alleged misrepresentation and pending litigation regarding the property.
Analysis: The petitioner sought the quashing of a sanction letter for a building plan concerning a property in New Delhi, alleging misrepresentation and failure to disclose pending litigation. The property was previously owned by the petitioner and later sold in a court auction to respondent Nos. 2 to 4 after proceedings under the SARFAESI Act. The petitioner challenged the sale through proceedings before the DRT and DRAT but did not receive interim protection. The only pending litigation regarding the property was related to the auction sale and the sale certificate issued under the SARFAESI Act, with no other disputes reported. The court noted that the petitioner had no interim protection from the DRT or DRAT against the sale to respondent Nos. 2 to 4. It was determined that the petitioner's remedy was to challenge the sale through the DRT or DRAT, and as no interim protection was granted, the petitioner could not seek relief through Article 226 of the Constitution indirectly. The court emphasized that the Municipal Corporation Commissioner could not intervene in proceedings under the SARFAESI Act, as the property's title vested in respondent Nos. 2 to 4. Given the lack of other litigation regarding the property, the court declined to exercise discretionary powers under Article 226 and dismissed the petition, clarifying that the decision did not prejudice the parties' rights or the ongoing proceedings before the DRT and DRAT. The court ordered the order to be uploaded on the High Court website and forwarded to the counsels via email for reference.
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