Naresh Chandra vs Municipal Corporation Of Delhi
2023 Latest Caselaw 3375 Del

                          $~57
                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                            Date of decision: 09.08.2023

                          +       CM(M) 1277/2023 & CM APPLs. 40656-57/2023
                                  NARESH CHANDRA                            ..... Petitioner

                                                      Through:      Mr. Ankit Jain and Mr. Varun Phogat,
                                                                    Advocates.

                                                      versus

                                  MUNICIPAL CORPORATION OF DELHI         ..... Respondent
                                               Through: Ms. Chetanya Singh and Mr. Chetan
                                                        Sharma, Advocates for MCD.
                          %
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                      JUDGMENT

MANMEET PRITAM SINGH ARORA, J (ORAL):

CM APPL. 40657/2023 (for exemption) Allowed, subject to all just exceptions.

Accordingly, the present application stands disposed of. CM(M) 1277/2023 & CM APPL. 40656/2023

1. This petition filed under Article 227 of the Constitution of India impugns the order dated 03.08.2023 passed by the Appellate Tribunal Municipal Corporation of Delhi ('Tribunal') in Appeal No.464/2023, whereby the ATMCD vide order dated 03.08.2023 has declined to grant interim relief to the Petitioner herein against the demolition order dated 14.07.2023.

1.1. It is a matter of record that the basis for issuance of the said demolition

Digitally Signed By:MAHIMA SHARMA Signing Date:11.08.2023 16:14:58 order includes the ground that the sanctioned plan for the subject property also stands revoked by the Municipal Corporation of Delhi ('MCD') on 07.07.2023. The Petitioner herein has separately challenged the revocation order in Appeal No. 463/2023.

2. The learned counsel for the Respondent, MCD who appears on advance notice on instructions from Mr. Yashwant Singh, Assistant Engineer, states that both appeals i.e., appeal no. 463/2023 and appeal no. 464/2023 are next listed before the Tribunal at 11.08.2023 and are expected to be heard and decided expeditiously. He states on instructions that the Respondent will not enforce the demolition order until the final disposal of the said appeals.

3. The learned counsel for the Petitioners states that he undertakes before this Court that no adjournment will be sought by the Petitioner before the Tribunal and the Petitioner will be duly represented through a counsel to address arguments on 11.08.2023 and any subsequent date fixed by the Tribunal.

3.1. He states that the Respondent be bound down to the statement made before this Court and the petition be disposed of in terms thereafter.

4. The statement of the Petitioner and the Respondent made before this Court is taken on record and parties are bound down to the same.

5. In view of the statement made by the Respondent, the present petition is disposed of. The pending application stands disposed of.

MANMEET PRITAM SINGH ARORA, J AUGUST 9, 2023/msh/sk Click here to check corrigendum, if any

Digitally Signed By:MAHIMA SHARMA Signing Date:11.08.2023 16:14:58