Sh. Virender Kumar Dua v. Municipal Corporation Of Delhi & ORS.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3749/2025 & CM APPL. 17460/2025 SH. VIRENDER KUMAR DUA .....Petitioner Through:

Ms. Ekta Gambhir with Mr. A.K.

Sharma and Ms. Anushka Sharma, Advocates.

(M): 9810132179 Email: aksharmaadvocate99@gmail.com versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through:

Mr. Aditya Chandra, Standing Counsel, MCD with Mr. Utkarsh Bhanu, Advocate for respondent no. 1 and 2.

(M): 9717444444 Email: advocateadityachandra@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 26.03.2025 CM APPL. 17460/2025 (For Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

Application is disposed of.

W.P.(C) 3749/2025 3.

The present writ petition has been filed challenging the order dated st January, 2025 passed by the Presiding Officer, Appellate Tribunal, Municipal Corporation of Delhi ("ATMCD) in Appeal No. 539/2023, titled as Vinod Kumar Versus MCD.

W.P.(C) 3749/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Learned counsel appearing for the petitioner submits that the petitioner is the owner of Flat no. 608, Nimri Colony, Ashok Vihar, Delhi110052. The respondent no. 3 is the owner of Flat no. 606 of the same building and has encroached on the common shaft area and has constructed a staircase and a bathroom, in the said encroached area on the second floor, by covering the essential service lines, including, water, sewer and other pipelines of the petitioner.

5.

It is submitted that the petitioner herein has already filed a civil suit being CS No. 1017/2019, which is pending before the learned Civil Judge, Rohini Courts, Delhi.

6.

She further submits that a demolition order dated 07th January, 2020, was passed by the Municipal Corporation of Delhi ("MCD") against the unauthorized construction done by the respondent no. 3. Against the same, an appeal being Appeal No. 539/2022 has been filed by respondent no. 3 before the ATMCD.

7.

Learned counsel appearing for the petitioner submits that the petitioner being a necessary party in the said appeal had filed an application under Order I Rule 10 of the Code of Civil Procedure, 1908 ("CPC"), however, the petitioner has not been impleaded in the said appeal before ATMCD. She further submits that on account of the pendency of the present appeal before the ATMCD, the civil suit filed by the petitioner is not progressing properly. She further submits that the MCD has still not filed any Status Report before the learned ATMCD.

8.

Learned counsel appearing for respondent nos. 1 and 2 (MCD), appears on advance notice, and submits that he shall ensure that the Status Report is filed before the learned ATMCD expeditiously. W.P.(C) 3749/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

He further opposes the present petition on the ground that liberty has already been granted to the petitioner herein to file the requisite documents and make submissions before the learned ATMCD. 10.

Having heard the learned counsels appearing for the parties, this Court notes that by the order dated 31st January, 2025, the learned ATMCD has already allowed the petitioner herein, to participate in the proceedings before the learned ATMCD and has further allowed the petitioner herein to file the requisite documents and to make submissions at the time of final arguments.

11.

Accordingly, this Court finds no ground for interfering with the order st dated 31 January, 2025, passed by the learned ATMCD.

12.

As regards the submissions of the petitioner regarding non-filing of the Status Report by the MCD before the learned ATMCD, it is directed that the requisite Status Report shall be filed by the MCD before the learned th ATMCD, before the next date of hearing, i.e., 15 April, 2025.

13.

It is further directed that some senior official from the MCD shall appear and attend the hearing before the learned ATMCD, to ensure that effective submissions are made on behalf of the MCD, before the learned ATMCD.

14.

It is expected that the parties shall cooperate before the learned ATMCD and not take unnecessary adjournments, in order to assist the learned ATMCD, for expeditious disposal of the appeal. 15.

With the aforesaid directions, the present petition, stands disposed of. MINI PUSHKARNA, J MARCH 26, 2025/c W.P.(C) 3749/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.