Anita Vashisht v. Municipal Corporation Of Delhi, Service To Be Effected Through Its Commissioner & ORS.

$~DB-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 408/2025 & CM APPL. 36937-36938/2025 ANITA VASHISHT .....Appellant Through:

Mr. J.C. Mahindro, Mr. Jasmeet Singh and Mr. Abhishek Kumar, Advocates versus MUNICIPAL CORPORATION OF DELHI, SERVICE TO BE EFFECTED THROUGH ITS COMMISSIONER & ORS.

.....Respondent Through:

Mr. Manoj K. Sharma, Addl. Standing Counsel for R-1/MCD Mr. N.S. Dalal and Mr. Alok Kumar, Advocates for R-3 & R-4

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN HON'BLE MS. JUSTICE RENU BHATNAGAR

O R D E R

% 25.06.2025 CM APPL. 36937/2025 (exemption) Exemption allowed, subject to all just exceptions. LPA 408/2025 & CM APPL. 36938/2025 1.

It happens to be a Letters Patent Appeal.

2.

Appellant is aggrieved by order dated 16.06.2025 and 20.06.2025 passed by learned Single Judge.

3.

Having gone through the aforesaid orders, it becomes apparent that there is yet no effective adjudication giving any rise to file any such appeal and with respect to the application moved by the appellant, seeking interim direction/relief, merely a notice has been issued to the opposite side and the LPA 408/2025 1 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 30/06/2025 at 11:53:44

matter has been fixed for further consideration on 04.07.2025. 4.

The prayer in the present appeal is to set aside the aforesaid impugned orders and to issue interim direction to the respondents not to raise any illegal or unauthorized construction by covering the partially demolished slab on top of the illegal staircase and illegal lift structure and by covering any open area of the building.

5.

Since only notice has been issued by the learned Single Judge and the next date before the Roster Bench is also relatively short i.e. 04.07.2025, this Court does not find any reason to interfere with the impugned orders, more so when there is no decision with respect to the rights of the parties. 6.

The present Letters Patent Appeal is accordingly dismissed. 7.

However, it is clarified that if any construction is raised in the building in question, in the interregnum, such construction shall be subject to the outcome of the petition in question.

MANOJ JAIN, J (VACATION JUDGE) RENU BHATNAGAR, J (VACATION JUDGE) JUNE 25, 2025/dr/shs LPA 408/2025 2 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 30/06/2025 at 11:53:44