Ms. Ajit Kaur v. Municipal Corporation Of Delhi And Others

$~100 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7243/2024, CM APPL. 35129/2024, MS. AJIT KAUR .....Petitioner Through:

Mr. Rohit Yadav, Advocate.

versus MUNICIPAL CORPORATION OF DELHI AND OTHERS .....Respondent Through:

Mr. Akshay Sapra, Advocate for R-1.

Mr. Shashi Pratap Singh, Ms.

Urvashi, Adv for R-2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 12.08.2024 CM APPL. 35130/2024 & CM APPL. 35131/2024 1.

The applicant while taking this Court to paragraph no.5 of the order dated 20.05.2024, contends that the same is misconstrued by the respondentCorporation and the respondent-Corporation is likely to take action against the applicant without even realising that the photographs in question were placed by the applicant in the instant writ petition relates to some different property.

2.

The relevant paragraph No. 5 of the order reads as:- "5.The learned counsel for the Respondent No.1/MCD, on instructions, submits that the action that is proposed to be taken by the Respondent no.1/MCD qua the misuse of the subject property, shall be taken within 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 22/08/2024 at 12:23:00

a period of six weeks. The Respondents are bound down to the said statement."

3.

The applicant further submits that he was not given any opportunity of being heard when order dated 20.05.2024 came to be passed. 4.

I have considered the submission made by the learned counsel for the applicant and in view of the nature of directions which came to be passed in the order dated 20.05.2024, the Court is not inclined to recall the same as the Court has only directed the respondent-Corporation to take action in accordance with law.

5.

The respondent-Corporation, however, is directed to afford an opportunity of being heard in person to the applicant in the instant application as well as to the petitioner of the instant writ petition before taking any further action.

6.

If the parties are aggrieved by any of the actions taken by the respondent-Corporation, they shall be at liberty to take appropriate recourse in accordance with law.

7.

With the aforesaid observation, the instant applications stand disposed of.

PURUSHAINDRA KUMAR KAURAV, J AUGUST 12, 2024/KG 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 22/08/2024 at 12:23:00