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High Court of DelhiW.P.(C)/4548/2020

Shashi Bala & ANR. v. East Delhi Municipal Corporation

2020-07-27Hon'Ble Mr. Justice Najmi Waziri2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4548/2020 SHASHI BALA & ANR.

.....Petitioners Through:

Ms Saahila Lamba, Advocate.

versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Through:

Mr Kapil Dutta, Advocate for EDMC.

.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.07.2020 The hearing was conducted through video conferencing. CM 16434/2020 (Exemption from court fee)

1. Exemption allowed, subject to the condition that the applicants/petitioners will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.

2. The application stands disposed-off.

W.P.(C) 4548/2020 & CM 16433/2020 (interim relief)

3. Issue notice.

4. Mr Kapil Dutta, the learned counsel accepts notice on behalf of the respondent- EDMC.

5. With the consent of the parties, the petition is taken up for disposal.

6. In this petition, the petitioner seek the following relief: "a) Issue a writ of mandamus directing respondent to deseal property bearing No.143, Lal Dora, Parparganj, Delhi for a period of 3 weeks to enable petitioners to carry out rectification in the same in terms of order dated

05.03.2020 passed by Ld. Presiding Officer, Appellate Tribunal, MCD in Appeal No.848/2019 titled as 'Shashi Bala & Anr vs. East Delhi Municipal Corporation."

7. The petitioner was granted two weeks' time between 16.03.2020 to 31.03.2020 to rectify the unauthorized construction at the property bearing No.143, Lal Dora, Patparganj, Delhi. However, that period coincided with the beginning of the pandemic/lockdown and the extraordinary circumstances have continued for months thereafter. Normal life has not yet resumed.

8. In view of the above, the period to rectify the unauthorized construction is extended by another three weeks. The property of the petitioners will be de-sealed by the Corporation with effect from 01.08.2020 for the next three weeks to enable them to rectify the unauthorized construction.

9. The petition, along with the pending application, stands disposed-off in the above terms.

10. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 27, 2020/rd