Jagdish Lal v. Municipal Corporation Of Delhi & ANR.
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3721/2025 & CM APPLs. 17346/2025 & 17347/2025 JAGDISH LAL .....Petitioner Through:
Ms. Neha Gund, Mr. Ayush Rathore, Mr.
Shubham Jain, Advocates (M:9958574113) versus MUNICIPAL CORPORATION OF DELHI & ANR.
.....Respondents Through:
Ms. Harita Mehta, SC-MCD
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 25.03.2025
O R D E R
CM APPL. 17347/2025 (For Exemption) 1.
Exemption is allowed, subject to all just exceptions. 2.
Application stands disposed of.
W.P.(C) 3721/2025 & CM APPL. 17346/2025 3.
The present writ petition has been filed for stay of demolition order th dated 11 December, 2023, issued by the respondent no. 1, in respect of the petitioner's property situated at the front side of E-50, Tagore Garden Extension, New Delhi-110027, till the pendency of the appeal before the Appellate Tribunal, Municipal Corporation of Delhi ("MCD"). 4.
Learned counsel for the petitioner submits that the petitioner is a senior citizen and residing at the front side of the property in question, which measures 40 square yards, consisting of ground floor and first floor. 5.
It is submitted that on 24th February, 2025, the petitioner had also The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
applied for regularization of the site plan of the property in question. 6.
It is submitted that partial demolition action has been taken by the MCD on 26th February, 2025, and that there is an apprehension of further demolition action by the MCD. It is submitted that the petitioner, being aggrieved by the Speaking Order dated 11th December, 2023, has already filed an appeal before the Appellate Tribunal MCD, under Section 347 of the DMC Act.
7.
It is submitted that an application for stay has also been filed by the th petitioner, which is next listed before the Appellate Tribunal MCD, on 15 April, 2025.
8.
Issue notice. Notice is accepted by learned counsel for the respondent/MCD, who submits that construction in the property in question, cannot be regularized. However, she admits to the fact that application of the petitioner, is pending before the Appellate Tribunal, MCD. 9.
Considering the submissions made before this Court and without going into the merits of the case, the MCD shall not take any further action against the property in question, till the pendency of the appeal before the Appellate Tribunal, MCD. The Appellate Tribunal, MCD is directed to dispose of the appeal of the petitioner herein expeditiously, preferably, within an outer limit of four months from today. 10.
It is clarified that this Court has not expressed any opinion on the merits of the case of the petitioner, which shall be decided by the Appellate Tribunal, MCD, on its own merit, as per law.
11.
This Court also records the undertaking of learned counsel for the petitioner that the petitioner shall remove the non-compoundable areas of the construction, in terms of the directions issued by the MCD. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
With the aforesaid directions, the present petition, along with pending applications, is accordingly disposed of.
MINI PUSHKARNA, J MARCH 25, 2025 au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.