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High CourtsSingle Bench(2021) 02 DEL CK 0317

Savita Arora vs North Delhi Municipal Corporation Through Its Commissioner

Delhi High Court · Decided on 26 February 2021

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 2073 Of 2021
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Judgment

22 paragraphs · 310 words

Sanjeev Sachdeva, J

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Application is dismissed as withdrawn.

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.

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.