Smt Usha Sejwal v. Sh. Gyanesh Bharti, Commissioner South Delhi Municipal Corporation & ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1377/2022 & CM APPL. 56714/2022 SMT USHA SEJWAL ..... Petitioner Through:

Ms. Samvartika Pathak & Mr. Nitin Kumar, Advs.

M: 7982722181 versus SH. GYANESH BHARTI, COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION & ORS.

..... Respondents Through:

Mr. Ajjay Aroraa with Mr. Kapil Dutta, SCs with Mr. Vansh Luthra, Adv.

and Ms.

Simran Arora, Advocates for MCD.

Mob: 9811160827 Email: ajayarora@gmail.com Mr. Somnath Bharti, Adv. for R2 Ms. Hetu Arora Sethi, ASC, GNCTD for SHO.

M: 9873725564 Email: hetuarorasethiadv@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 15.03.2024

O R D E R

1.

The present petition has been filed alleging non-compliance of the order dated 28th September, 2022 passed in CONT.CAS(C) 1048/2022 which had been filed against the order dated 18th August, 2022 passed in W.P.(C) No. 7086/2021.

2.

By way of the aforesaid order, directions had been issued to the respondent-Municipal Corporation of Delhi ("MCD") to take requisite action against the unauthorized construction in property bearing no. 11A and 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 19/03/2024 at 11:26:48

11, Village Adhchini, Aurobindo Marg, New Delhi. 3.

Learned counsel appearing for respondent no. 2 has handed over a copy of order dated 3rd February, 2023 passed by the learned Appellate Tribunal, Municipal Corporation of Delhi ("ATMCD") in Appeal No. 755/2022. It is submitted that respondent no. 2 is the owner of the property in question and that he has already approached the ATMCD against the demolition action being taken by the MCD.

rd 4.

It is further submitted that by order dated 3 February, 2023, the respondent-MCD has been restrained from taking any coercive action against the property in question.

5.

He submits that the matter is still pending before the learned ATMCD th and the next date of hearing is 18 April, 2024. This fact is confirmed by learned counsel appearing for the MCD.

6.

Accordingly, when there is a restrainment order passed by the ATMCD, no directions can be passed by this Court for the time being. 7.

In view thereof, the present contempt petition is disposed, with liberty to the petitioner to revive the present petition in case his grievance still survives.

MINI PUSHKARNA, J MARCH 15, 2024 ak 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 19/03/2024 at 11:26:48