High Court of DelhiW.P.(C)/4233/2024

Smt. Rajni Sharma Alias Rajni Dave v. Municipal Corporation Of Delhi And ORS.

2024-03-20Hon'Ble Mr. Justice Sachin Datta2 pages

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4233/2024 SMT. RAJNI SHARMA ALIAS RAJNI DAVE ..... Petitioner Through:

Mr. Sushant Mukund and Ms. Vineeta Bansal, Advs. (through v/c) versus MUNICIPAL CORPORATION OF DELHI AND ORS.

..... Respondents Through:

Ms. Sthavi Asthana, Adv. for R-1 and 2/MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 20.03.2024

O R D E R

CM APPL.17252/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 4233/2024 and CM APPL.17251/2024 (Stay) 1.

The present petition seeks that the respondent nos.1 and 2 be restrained from demolishing the property of the petitioner i.e. property bearing no. 160, J & K Block, Jagatram Park, Laxmi Nagar, Delhi-110092. 2.

Learned counsel for the MCD submits that a demolition order qua the property in question was passed as far back as on 30.09.2019. She submits that the demolition order was passed after serving a show cause notice to the petitioner to which the petitioner never responded. 3.

Be that as it may, admittedly, the aforesaid demolition order is subject to appeal before the ATMCD. Consequently, the present petition is disposed 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 27/03/2024 at 11:48:31

of with liberty to the petitioner to assail the demolition order passed qua the property in question, in appropriate proceedings before the ATMCD. 4.

Learned counsel for the respondent/MCD submits that the demolition action in respect of the property is now scheduled on 04.04.2024. 5.

It shall be open to the petitioner to seek appropriate interim orders from ATMCD which shall be considered by ATMCD on its own merits and in accordance with law. It is made clear that this court has not expressed any opinion as regards the merits thereof.

SACHIN DATTA, J MARCH 20, 2024/cl 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 27/03/2024 at 11:48:31