Delhi High Court
Savita Arora vs North Delhi Municipal ... on 26 February, 2021
$~13
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 26.02.2021
+ W.P.(C) 2073/2021
SAVITA ARORA ..... Petitioner
versus
NORTH DELHI MUNICIPAL CORPORATION THROUGH ITS
COMMISSIONER ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Bhupinder Singh Saini, Advocate.
For the Respondent: Mr. M.Qayam-ud-din, Advocate for the applicant,
Ms. Kusum Sehgal.
Mr. Tushar Sannu, Addl. Standing Counsel with
Ms. Ankita Bhadouriya and Mr. Shubham Jain,
Advocates for North DMC.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.8042/2021
1. The hearing was conducted through video conferencing.
2. Learned counsel for the applicant seeks leave to withdraw the
application.
3. Application is dismissed as withdrawn.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:27.02.2021 18:54:04 W.P(C) 2073/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
W.P.(C) 2073/2021 & CM APPL.6068/2021, 8043-44/2021
1. Petitioner has filed the subject petition seeking stay of the
demolition order dated 22.01.2021 seeking to demolish the property
of the petitioner bearing No.3417-18, Angoori Ghata, Gali Arya
Samaj, Delhi-110006 till the time the Appellate Tribunal, MCD
becomes functional.
2. Learned counsel further submits that petitioner has already filed
an appeal before the Appellate Tribunal, MCD but since the Appellate
Tribunal, MCD was not functional, the matter now stands adjourned
to 23.03.2021.
3. Learned counsel appearing for the Corporation submits that
despite the work stop notice petitioner has continued to raise
construction and continues to do so even till date.
4. Without prejudice to the above, it is directed that no action of
demolition shall be taken against the property of the petitioner till
23.03.2021, the date when the appeal of the petitioner is listed before
the Appellate Tribunal, MCD.
5. It is clarified that till the said date petitioner shall not carry out
any construction activity and in case petitioner continues with the
construction activity after today, this interim protection shall
automatically stand vacated and Corporation shall be at liberty to take
appropriate action in accordance with law.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:27.02.2021 18:54:04 W.P(C) 2073/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
6. It is further clarified that in case petitioner complies with the
direction not to raise any further construction till 23.03.2021,
continuation of protection thereafter shall be subject to orders of the
Appellate Tribunal, MCD. Appellate Tribunal, MCD shall consider
the appeal/stay application of the petitioner without being influenced
by this order.
7. Petition is accordingly disposed of in the above terms.
8. 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) 2073/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
