Mukesh Kumar Bhardwaj v. Yogesh Chander Bhardwaj & ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 168/2017, C.M.

APPL.9564-9565/2017, 9567/2017 & 34314/2017 MUKESH KUMAR BHARDWAJ ..... Appellant Through : Sh. Anuj Kumar Garg, Advocate along with appellant in person.

versus YOGESH CHANDER BHARDWAJ & ORS ..... Respondents Through : Sh. Madan Lal Sharma and Ms. Vidhi Kumar, Advocates, for Respondent No.1.

Sh. Ajay Digpaul, Standing Counsel.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 19.09.2017 The appellant's grievance is with respect to the order of the learned Single Judge in directing demolition of unauthorized construction without impleading him in the first instance. During the course of hearing, it was pointed out that an appeal is pending before the concerned appellate tribunal [hereafter referred to as "the Tribunal"] under Sections 343/344 of the Delhi Municipal Corporation Act, 1957.

In these circumstances, the Court is of the opinion that the pendency of this appeal would in no way take the matter further with respect to the legality of the construction since that is an issue before the Tribunal.

It is further directed that the appellant shall maintain status quo with respect to the existing construction till the time the Tribunal decides the issue before it finally. It is open to the parties to make an appropriate statement before the Court which is seized of the contempt proceedings.

The appeal is disposed of in the above terms. S. RAVINDRA BHAT, J SUNIL GAUR, J SEPTEMBER 19, 2017/ajk