Dr Rama Kakar v. Municipal Corporation Of Delhi

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8383/2025 & CM APPL. 36493/2025, CM APPL. 36494/2025, CM APPL. 36495/2025 DR RAMA KAKAR .....Petitioner Through:

Mr. Parth Chadha, Mr. Chaitanya Mathur, Ms. Jyoti Pandey, Mr.

Harshit Hassanwalia, Mr.

Aman Kumar Singh, Ms. Ananya Singh, Ms.

Prachi Maheswari, Advocates Mob: 9910492018 versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Mr. Abhinav Singh, Mr. Somnath Shukla, Advocates Mob: 9811188892

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 30.05.2025

O R D E R

1.

The present writ petition has been filed seeking directions to the respondent to not take any coercive action against the properties of the petitioner, pursuant to order dated 9th May, 2025, passed by Building Department, South Zone, Green Park, Municipal Corporation of Delhi ("MCD").

2.

It is submitted that petitioner is the owner of flat nos. 106 and 108, Nilgiri Apartments, Alaknanda, New Delhi-110019. A Show Cause Notice th January, 2024 was issued by the MCD, to which a reply dated 31st dated 18 January, 2024 was sent by the petitioner. Subsequently, hearing was also 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 01/07/2025 at 20:24:33

accorded to the petitioner, pursuant to which, the impugned order dated 09th May, 2025 was issued by the Building Department, South Zone, Municipal Corporation of Delhi, thereby, directing the petitioner to demolish the unauthorized construction existing in the property. 3.

Learned counsel appearing for the petitioner submits that the petitioner be allowed some time to file an appeal before the Appellate Tribunal, MCD ("ATMCD").

4.

In response, learned counsel appearing for the MCD submits that only a limited time may be granted to the petitioner in that regard, since the learned ATMCD shall close for vacations soon. 5.

Accordingly, considering the submissions made before this Court, it is directed that in order to allow the petitioner to approach the Appellate Tribunal Municipal Corporation of Delhi ("ATMCD"), to challenge the order dated 09th may, 2025, issued by the Building Department, South Zone MCD, protection is granted to the petitioner for a period of seven days. 6.

Thus, it is directed that no coercive action shall be taken against the petitioner for a period of seven days.

7.

It is further directed that, in case, appeal before the ATMCD is not filed within seven days, the protection granted by today's order, shall automatically lapse.

8.

The present petition, along with the pending applications, stands disposed of.

9.

Dasti under the signature of Court Master.

MINI PUSHKARNA, J MAY 30, 2025/ak/kr 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 01/07/2025 at 20:24:33