Gaurav Bhaghla And ORS. v. Municipal Corporation Of Delhi And ORS

$~S-60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2988/2024 & CM APPL.12312/2024 GAURAV BHAGHLA AND ORS.

..... Petitioners Through:

Mr.Sanjay Ghosh, Sr.Advocate with Mr.Maanish Choudhary and Mr.Ajat Singh Rawat, Advocates.

versus MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Through:

Mr.Harsh Singhal, Advocate with Mr.Utkarsh Singhal and Ms.Mugdha Avnish Sharma, Advocates for R-1.

Mr.Akhil Hasija, Advocate with Mr.Pankaj Tandon, Advocate for R-2.

Ms.Mrinalini Sen, Standing Counsel with Ms.Madhawi Agarwal, Advocates for R-3.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 29.02.2024 1.

Present writ petition has been filed by the Petitioners seeking directions to the Respondent No.1/MCD not to carry out any demolition action on the property in question i.e. Khasra No. 189, Old Lal Dora, Village Kakrola, Dwarka, New Delhi and to further direct the Respondent No. 2 (BSES) to restore the electricity connections of the Petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:23:36

2.

Learned senior counsel for the Petitioners states that partial demolition action has been carried out without giving any notice of demolition. He states that only a sealing notice had been served upon the Petitioners.

3.

Learned counsel for the Respondents states that this Court vide order dated 8th January, 2024 had disposed of W.P.(C) 189/2024 (alleging unauthorised construction in collusion with officials of the MCD and a Municipal Councillor) with directions to the Chairman, Special Task Force to treat the said writ petition as a representation and to decide the same within four weeks.

4.

This Court is of the view that the Appellate Tribunal, MCD is the specialised forum to deal with the demolition and sealing cases. Consequently, the present writ petition along with pending application is disposed of with liberty to the Petitioners to agitate their grievances before the Appellate Tribunal, MCD. It is clarified that the Appellate Tribunal, MCD shall decide the matter in accordance with law without being influenced by the order dated 8th January, 2024 passed by this Court. The rights and contentions of all the parties are left open. ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J FEBRUARY 29, 2024/TS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/03/2024 at 11:23:36