Delhi High Court
Neelam Chandra & Anr. vs North Delhi Municipal ... on 11 January, 2023
Neutral Citation Number 2023/DHC/000250
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.01.2023
+ CM(M) 598/2022
NEELAM CHANDRA & ANR. ..... Petitioners
Versus
NORTH DELHI MUNICIPAL CORPORATION & ORS ......
Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Vikram Hedge, Mr. Jagrit Vyas and Mr.
Dushyant Mudgil, Advs.
For the Respondent : Mr. Ajay Digpaul, Standing counsel with Mr.
Kamal Digpual and Ms. Swati, Advs. for R-1
Mr. M. P. Sinha and Mr. Abhishek K. Mishra,
Advs. for R-5
Ms. Neeta Bahl, Adv.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
CM APPL. 1229/2023(Direction)
1. This is an application filed on behalf of the petitioners
seeking modification of the order dated 03.11.2022 passed by this
Court.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
16:51:01
Neutral Citation Number 2023/DHC/000250
2. Mr. Hedge, learned counsel appearing for the applicants
submits that by way of the observations in para 6, 7 and 8, the
effect of the order dated 15.06.2022 passed by this Court gets
diluted to the extent that the private respondents would not be
restrained from entering into the disputed portion of the property
pending before the Appellate Tribunal Municipal Corporation of
Delhi (AT MCD)
3. Mr. Hedge, learned counsel appearing for the applicants
submits that by way of order dated 15.06.2022 this Court had
stayed the operation of the order dated 10.06.2022 passed by the
learned Trial Court.
4. Mr. Hedge, learned counsel appearing for the applicants
submits that observations of this Court in para 7 & 8 of the order
dated 03.11.2022 of the continuation of the stay orders passed by
this Court uptill 05.12.2022 would prejudice his case inasmuch as
the hearing could not take place on 05.12.2022 and limiting the
operation of the order dated 15.06.2022 upto 05.12.2022 would
give opportunity to the private respondents to enter into the
disputed portion of the property.
5. It is informed by Mr. Digpaul, learned counsel appearing
for the respondent No.1/MCD that the petitioners had taken
adjournments on 05.12.2022 as well as on 04.01.2023 and cannot
be given the protection as was granted vide order dated
15.06.2022.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
16:51:01
Neutral Citation Number 2023/DHC/000250
6. In view of the aforesaid submissions, it would be in the
interest of justice to extend the stay granted by this Court on
15.06.2022 as well as on 03.11.2022 till 01.02.2023 on which
date the AT MCD is requested to take up the matter for final
disposal and dispose of the same in accordance with law.
7. It is further directed that none of the parties will seek any
adjournment on the said date and will address their arguments.
8. In view of the aforesaid observations, the application
seeking modification is disposed of.
9. In view of the aforesaid, learned counsel appearing on
behalf of the parties submit that nothing survives for further
adjudication in the present matter.
10. Accordingly, the petition is disposed of without prejudice
to the rights and contentions of the parties including those raised
in the present petition.
11. The next date fixed in the matter stands cancelled.
TUSHAR RAO GEDELA, J
JANUARY 11, 2023
ms
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
16:51:01
