Mohd Danish v. Municipal Corporation Of Delhi And Others
$~59 & 61 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3554/2025 MOHD DANISH .....Petitioner Through:
Mr. Shiv Shankar Parashar, Adv.
(Through VC) M: 9958085427 versus MUNICIPAL CORPORATION OF DELHI AND OTHERS .....Respondents Through:
Mr.
Sunil Goel, SC with Mr.
Himanshu Goel, Ms.
Dimple Aggarwal and Ms. Varsha, Advs. for MCD M: 9810215488 Ms. Prabhsahay Kaur, SC with Mr.
Bir Inder Singh Gurm, Adv. for R-2.
M: 9711778471 Mr.
Ramkumar and Mr.
Sushil Kumar, Advs. for R-3.
M: 9711376612 SI Sanjeev Lehri, PS Kalindi Kunj + W.P.(C) 3563/2025 MOHD DANISH .....Petitioner Through:
Mr. Shiv Shankar Parashar, Adv.
(Through VC) M: 9958085427 versus MUNICIPAL CORPORATION OF DELHI AND OTHERS .....Respondents Through:
Mr.
Sunil Goel, SC with Mr.
Himanshu Goel, Ms.
Dimple The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Aggarwal and Ms. Varsha, Advs. for MCD M: 9810215488 Ms. Prabhsahay Kaur, SC with Mr.
Bir Inder Singh Gurm, Adv. for R-2.
M: 9711778471 Mr.
Ramkumar and Mr.
Sushil Kumar, Advs. for R-3.
M: 9711376612 SI Sanjeev Lehri, PS Kalindi Kunj
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 21.03.2025 1.
The present petitions have been filed against the vacation notice dated 20th February, 2025, with respect to the premises, i.e., G-124/A, Jaitput Extension-2 South East Delhi.
2.
Learned Standing Counsel appearing for Municipal Corporation of Delhi ("MCD") submits that the petitioner ought to challenge the demolition order before Appellate Tribunal, MCD ("ATMCD"). He submits that he is carrying a copy of the demolition order which can be handed over to the learned counsel for the petitioner.
3.
This Court directs that upon receipt of copy of the demolition order, the petitioner ought to approach the ATMCD, for challenging the same and the Court can grant protection to the petitioner for a limited period, for the purposes of filing an appeal before the ATMCD. 4.
Since the learned counsel for the petitioner appears through video conferencing, learned counsel appearing for MCD is directed to send a copy The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the demolition order and other documents to the learned counsel appearing for the petitioner, by WhatsApp or through Email, within a period of two days.
5.
The petitioner is granted liberty to approach the ATMCD within a period of four weeks, from today.
6.
Accordingly, it is directed that no coercive action shall be taken against the petitioner for a period of four weeks, in order to enable the petitioner to approach the ATMCD.
7.
It is clarified, that in case the petitioner does not approach the ATMCD within a period of four weeks or if no order is passed in favour of the petitioner by the ATMCD, the MCD shall be free to take action, as per law.
8.
The rights and contentions of both the parties are kept open. 9.
With the aforesaid directions, the present petitions are disposed of. MINI PUSHKARNA, J MARCH 21, 2025/kr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.