Ram Bilas Mahto v. Municipal Corporation Of Delhi & ANR.
$~65 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12080/2024 RAM BILAS MAHTO .....Petitioner Through:
Ms. Binisa Mohanty, Advocate.
versus MUNICIPAL CORPORATION OF DELHI & ANR.
.....Respondents Through:
Mr. Umang Tyagi, ASC for MCD with Ms. Aditi Kapoor, Advocate for R-1.
Mr.
Dhananjay Mehlawat, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 23.10.2024 1.
The petitioner has approached this Court, under Article 226 of the Constitution, complaining of alleged unauthorised construction in property Plot Nos. C-55, 56, 57 and 58, JJ Colony, Sector-15, Dwarka, New Delhi ["subject property"].
2.
Mr. Umang Tyagi, Additional Standing Counsel for the Municipal Corporation of Delhi ["MCD"], states that MCD has filed a status report in which it is stated that the demolition order has already been issued in respect of subject property on 29.04.2024. He states that demolition action has also been taken. However, owners/occupants of the property have approached the Appellate Tribunal for MCD ["ATMCD"], and their appeal remains pending. Mr. Tyagi further states that ATMCD has not W.P.(C) 12080/2024 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 28/10/2024 at 12:10:16
given any interim relief in favour of the owners/occupants of the property.
3.
Having regard to the above, it appears that the ATMCD is seized of the matter, and no further orders are required in this writ petition. The writ petition is therefore disposed of without prejudice to the rights and contentions of the parties before the ATMCD.
4.
In the absence of any interim relief, MCD is free to take any action in terms of the demolition orders as expeditiously as possible in accordance with law, subject to the availability of police force. 5.
The petition is disposed of in the aforesaid terms. PRATEEK JALAN, J OCTOBER 23, 2024 'pv'/ W.P.(C) 12080/2024 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 28/10/2024 at 12:10:16