Rights Ngo vs Ndmc & Ors
2018 Latest Caselaw 213 Del

$~20
*IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        W.P.(C) 200/2018

%                                 Date of decision : 9th January, 2018

       RIGHTS NGO                      ..... Petitioner
                         Through :     Mr. Vaibhav Tomar and
                                       Ms. Alka Singh, Advs.

                         versus

       NDMC & ORS                      ..... Respondents
                         Through :     Mr. Ajjay Aroraa, Standing
                                       Counsel for R-1.
                                       Mr. Tanmaya Mehta and Mr.
                                       Anumaya Mehta, Advs. for
                                       R-2.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR
                     JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. This writ petition complains of unauthorized and illegal construction at the instance of the respondent no.2 in the property bearing No.2110/2 situated in Ward No.4, Dhobiwara, Kinari Bazar, Chandni Chowk, Delhi-110006.

2. Mr. Ajjay Aroraa, Standing Counsel for the North Delhi Municipal Corporation (NDMC) submits that the sealing and demolition orders passed by the corporation in respect of the unauthorized and illegal constructions could not be implemented as

the same are the subject matter of challenge and pending consideration before the Appellate Tribunal (ATMCD) in two appeals being A No.05/2016 and A No.930/2015.

3. Mr. Ajjay Aroraa, Standing Counsel further submits that the corporation is bound to abide by the orders passed by the Appellate Tribunal and would proceed in accordance with law.

4. The parties shall abide by the law and the orders of the Appellate Tribunal.

5. In view of the above, no intervention by us is called for at this stage in the present proceedings.

This petition is accordingly disposed of. It is made clear that nothing herein is an expression on the merits of the case.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J JANUARY 09, 2018 aj