Jitender v. Municipal Corporation Of Delhi

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9406/2024, CM APPL. 38616/2024 & 38617/2024 JITENDER .....Petitioner Through:

Mr.Nishant Das and Ms.Aartrayi Das, Advs.

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

Mr.Badar Mahmood, SC for MCD.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 11.07.2024 1.

The petitioner is aggrieved by the show cause notice dated 13.05.2024 and has therefore, prayed for the following reliefs:- "(i) Issue a writ/order directing the Respondent to immediately stay the demolition of the subject property until the disposal of the Appeal filed by the Petitioner before the ATMCD against the Show Cause Notice dated 13.05.2024 and the Demolition Order (Annexure P-1 (Colly)) issued by the Respondent.

(ii) Pass such other and further order or directions as this Hon'ble Court may deem fit ,just, proper in the facts and circumstances of the present petition and in the interest of justice" 2.

Admittedly, against impugned action, the remedy of appeal does lie before the Appellate Tribunal-Municipal Corporation of Delhi (MCD) under the Delhi Municipal Corporation Act, 1957.

3.

Learned counsel appearing on behalf of the petitioner fairly submits that he has already resorted to the said remedy. He, however, points out that on account of unavailability of the Presiding Officer therein, the said remedy 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 03/07/2025 at 18:05:53

is not efficacious.

4.

Having considered the submissions made by learned counsel for the parties, the Court deems it appropriate to pass the following directions:- (i) Let the appeal filed by the petitioner be taken up for consideration by the Appellate Tribunal-MCD once the Tribunal becomes functional.

(ii) The Appellate Tribunal-MCD is directed to first deal with the application for interim relief. Till the application is disposed of, the respondents are directed to maintain the status quo as on date.

(iii) All rights and contentions are left open.

5.

The instant writ petition stands disposed of along with pending applications.

PURUSHAINDRA KUMAR KAURAV, J JULY 11, 2024/MJ 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 03/07/2025 at 18:05:53