Dheera Devi & ORS. v. Municipal Corporation Of Delhi

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8092/2024, CM APPL. 33315/2024 DHEERA DEVI & ORS.

..... Petitioners Through:

Mr. Sunil Dalal, Sr. Adv. alongwith Mr. Rizwan, Mr. A. Hussain and Ms.

Sachi Chopra, Advs.

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

Mr. Ajjay Arora, Mr. Kapil Dutta and Mr. Vansh Luthra, Advs. for MCD.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 29.05.2024 CM APPL. 33314/2024 -Ex (Filing Certified Copies Of Annx.) 1.

Exemption allowed subject to just exceptions. 2.

Application stands disposed of.

W.P.(C) 8092/2024 3.

The present petition has been filed by the petitioner seeking that his regularization application in respect of property bearing no. 104/9, Khasra No. 1238 (Part), Village Kishangarh, New Delhi, be considered and decided by the MCD.

4.

Learned counsel for the MCD submits that there has never been any impediment on the part of the petitioner in submitting any application for regularization; he further submits that if and when any application for regularization is submitted by the petitioner, the same shall be duly considered in accordance with law and as per applicable rules and guidelines. He further submits that if the petitioner so desires, an opportunity 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 30/05/2024 at 12:19:39

of hearing shall also be granted to the petitioner before disposing of the regularization application.

5.

The above statement of the learned counsel for the MCD is taken on record.

6.

It is further submitted by the learned senior counsel for the petitioner that in the meantime, respondent be restrained from taking any demolition action with regard to the property in question. 7.

This Court is not inclined to interfere with the proposed demolition action in these proceedings. However, liberty is granted to the petitioners to approach ATMCD seeking appropriate relief/s, including interim relief/s, which shall be considered in accordance with law. Since it is submitted that the demolition action is scheduled tomorrow itself i.e. on May 30, 2024, the petitioner would be at liberty to mention the matter before the ATMCD seeking urgent hearing of any interim relief application that may be filed on behalf of the petitioner. The same shall be duly considered by the ATMCD on its own merits.

8.

The present petition is disposed of in the above terms. SACHIN DATTA, J MAY 29, 2024/at 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 30/05/2024 at 12:19:39