Sunil Wadhwa vs South Delhi Municipal ...
2021 Latest Caselaw 690 Del

                                      $~12
                                      *IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                                  Judgment delivered on: 26.02.2021

                                      +     W.P.(C) 1781/2021 & CM APPL.5123/2021
                                      SUNIL WADHWA                                         ..... Petitioner

                                                                versus

                                      SOUTH DELHI MUNICIPAL COMMISSIONER..... Respondent
                                      Advocates who appeared in this case:
                                      For the Petitioner:        Mr. Deepak Vohra with Mr. Krishan Kumar,
                                                                 Advocates.
                                      For the Respondent:        Ms. Beenakshaw Soni, Standing Counsel, SDMC.

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                                   JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The hearing was conducted through video conferencing.

2. Petitioner has filed the subject petition seeking a restraint on the respondent from proceeding with the demolition proceedings against the property of the petitioner till the Appellate Tribunal, MCD becomes operational.

3. It is contended that Appellate Tribunal, MCD was not functional because the Presiding Officer had not yet taken charge.

4. It is informed by learned counsel for the respondent that the Presiding Officer, Appellate Tribunal, MCD has taken charge today Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:27.02.2021 18:54:04 W.P(C) 1781/2021 Page 1 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

and the hearing of appeals have commenced.

5. Learned counsel for the petitioner submits that the appeal of the petitioner stands adjourned to 16.07.2021.

6. In view of the above, this petition is disposed of with a direction that no coercive action shall be taken against the property of the petitioner for a period of three weeks from today.

7. Petitioner is permitted to move an application before the Appellate Tribunal, MCD within one week for early hearing of his appeal and stay application. On such an application being filed, Appellate Tribunal, MCD shall take up the stay application for consideration within the said period of three weeks.

8. The continuation of protection thereafter shall be subject to orders to be passed by the Appellate Tribunal, MCD. It is clarified that the Appellate Tribunal, MCD shall consider the appeal/stay application of the petitioner without being influenced by anything stated by this Court in any of its orders.

9. Petition is disposed of in the above terms.

10. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.

SANJEEV SACHDEVA, J FEBRUARY 26, 2021/rk Signature Not Verified Digitally Signed By:KUNAL MAGGU Signing Date:27.02.2021 18:54:04 W.P(C) 1781/2021 Page 2 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.