Sujit Sen v. South Delhi Municipal Corporation (Sdmc) And ANR.

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 149/2018, CM No. 616/2018 SUJIT SEN ..... Petitioner Through:

Mr. S. Chakraborty, Adv.

versus SOUTH DELHI MUNICIPAL CORPORATION (SDMC) AND ANR.

..... Respondents Through:

Ms. Puja Kalra, Adv. for SDMC/R-1

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 08.01.2018 This petition has been filed by the petitioner challenging the order dated December 21, 2017 whereby the respondents have decided to initiate action for demolition of unauthorised construction on the terrace of J-1975, C.R. Park, New Delhi. Learned counsel for the respondents, who appears on advance notice states that the impugned order is appealable before the Appellate Tribunal MCD under Section 347 of the Delhi Municipal Corporation Act, 1957.

Learned counsel for the petitioner states he has no objection to approach the Tribunal but the time is running against the petitioner as the demolition is due on January 9, 2018. Protecting the petitioner against the demolition for 10 days, the petitioner shall approach the Tribunal. It is

expected that the petitioner shall file an appeal sufficiently before the expiry of 10 days so as to ensure, the same is listed for hearing within that period. The writ petition is disposed of.

Suffice to state, the Court has not expressed any opinion on the merits of the controversy in this petition.

Dasti under the signature of the Court Master. V. KAMESWAR RAO, J JANUARY 08, 2018/aky