Delhi High Court
Mohd Irfan vs Danish & Ors. on 23 February, 2022
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 23rd February, 2022
+ W.P.(C) 4833/2021& CM APPL. 14881/2021& CM APPL.
23578/2021
MOHD IRFAN ..... Petitioner
versus
DANISH & ORS. ..... Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Khadim Khan along with Mr. Shafiq Khan, Advocates
For the Respondents: Mr. Sanjiv Bahl and Mr. Vikrant Arora, Advocates for R-1
and R-2.
Mr. Anand Prakash, Standing Counsel North DMC with
Ms. Varsha Arya & Mr. Akhil Raj Advocates for North
DMC.
Mr. Santosh Kumar Tripathi with Mr. Arun Panwar, Mr.
Siddharth Krishna Dwivedi, Ms. Vrinda Singh, Advocates
(R-3)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. The hearing was conducted through video conferencing.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
2. Petitioner seeks a direction to respondents to take action against
the alleged unauthorized construction being raised in property bearing
No. 5383, Kucha Rehman, Chandni Chowk, Delhi-110006 and
property bearing No. 5419, Kucha Rehman, Chandni Chowk, Delhi-
110006.
3. Status report filed by the Corporation states that unauthorized
construction was noticed in property No. 5383, Kucha Rehman,
Chandni Chowk, Delhi and a demolition order dated 24.12.2020 has
been passed and with regard to property No. 5419, Kucha Rehman,
Chandni Chowk, Delhi, it was noticed that no construction activity
was found and the property was found to be old and occupied and as
such no action is contemplated against the said property.
4. Learned counsel appearing for respondent no. 1, owner of
property bearing No. 5383, Kucha Rehman, Chandni Chowk, Delhi
submits that against the order of demolition dated 24.12.2020 an
appeal has been filed before Appellate Tribunal MCD being Appeal
No. 305/2021 titled Mohd. Danish Vs. NDMC in which by order dated
17.09.2021 a stay has been granted on the said order of demolition.
He submits that the appeal is pending and the interim protection is
continuing.
5. In view of the above, this petition is disposed directing the
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
respondent corporation to take action in accordance with law subject
to the outcome of the appeal before the Appellate Tribunal-MCD.
6. It is further clarified that Appellate Tribunal-MCD shall
consider the appeal without being influenced by anything stated in this
order.
7. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels through email by the Court
Master.
SANJEEV SACHDEVA, J
FEBRUARY 23, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.02.2022
Signing Date:23.02.2022 23:01:20 21:40
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
