Delhi High Court
Angela Yep vs The State Of Delhi And Ors on 21 July, 2017
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21st July, 2017
+ W.P.(C) 5211/2017
ANGELA YEP ..... Petitioner
Through: Mr. Devi Singh Panwar, Advocate.
versus
THE STATE OF DELHI AND ORS ..... Respondents
Through: Mr. Siddhartha Shankar Ray,
Advocate for respondent no.1.
Mr. G.D. Mishra, Standing Counsel
for South Delhi Municipal
Corporaton/respondent no.2.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioner filed an appeal along with an application for
condonation of delay against the sealing order dated 4th February, 2010
before the MCD Appellate Tribunal on 8th February, 2017. Vide order dated
18th April, 2017, the Appellate Tribunal, MCD declined to condone the
delay in filing the appeal on the ground that the Supreme Court granted time
upto 31st October, 2013 to file the appeal before the Tribunal. The learned
Appellate Tribunal however granted liberty to the petitioner to file the fresh
appeal after obtaining permission for condonation of delay from the
Supreme Court.
2. Learned counsel for the petitioner submits that the learned Tribunal
has the power to condone the delay.
3. Learned counsel for respondent no.2 submits that the delay in filing
this appeal can be condoned by Supreme Court only. Respondent no.2 has
placed on record the copies of the three orders passed by the Supreme Court
as Annexure R-4 (Colly.) in which the Supreme Court has condoned the
delay in filing the appeal before the Appellate Tribunal, MCD.
4. Vide order dated 30th April, 2013, the Supreme Court granted liberty
to the affected parties to prefer appeal before the concerned Tribunal within
30 days of the order and all such appeals shall be deemed to have been filed
within time and the concerned Tribunal shall proceed to consider the same
after notice to the concerned authorities and the Monitoring Committee.
Para 10 of the order dated 30th April, 2013 is reproduced hereunder:
"10. It appears that in some matters, no applications for desealing of
the premises have been filed before this Court, despite sealing orders
passed by the Monitoring Committee. We grant liberty to all
interested parties in such matters, to prefer appeals before the
concerned Tribunal in terms of Sections 347B/254/31C of the
MCD/NDMC/DDA Acts within 30 days of this order. All appeals filed
under the instant order, will be deemed to have been filed within time.
If any such appeal(s) is/are filed, the concerned Tribunal will proceed
to consider the same, after notice to the concerned authorities and the
Monitoring Committee."
5. The three orders of the Supreme Court placed on record by respondent
no.2 reflect that the applications for condonation of delay have been
considered by the Supreme Court in view of the order dated 30th April, 2013.
In that view of the matter, there is no infirmity in the impugned order dated
18th April, 2017.
6. The writ petition is dismissed. The petitioners are at liberty to file
fresh appeal before the Appellate Tribunal after seeking condonation of
delay in filing the appeal from the Supreme Court.
7. Copy of this judgment be given dasti to counsel for the parties under
the signature of the Court Master.
JULY 21, 2017 J.R. MIDHA, J.
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