High Court of DelhiW.P.(C)/2534/2018

M/S T.R. Sawhney Motors And ORS. v. East Delhi Municipal Corporation

2018-05-04Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2534/2018, CM No. 10461/2018 M/S T.R. SAWHNEY MOTORS AND ORS.

..... Petitioners Through:

Mr. P.V. Kapur, Sr. Adv. with Mr. Arjun Dewan, Ms. Anupama Kumar and Mr. Sidhant Kapur, Advs.

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

Mr. Gaurang Kanth, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.05.2018 Present petition has been filed by the petitioner with the following prayers:

"In view of the submissions made hereinabove, it is respectfully prayed that this Hon'ble Court may be pleased to:- a) Issue a writ of certiorari or any other appropriate writ, direction or order for setting aside and quashing the impugned Vacation Order dated 28.02.2018 passed by the Respondent No.1 under Section 349 of the Delhi Municipal Corporation Act, 1957;

b) Issue a writ of certiorari or any other appropriate writ, direction or order for setting aside and quashing the purported Demolition Order dated 02.06.2016;

c) Alternatively, issue a writ of mandamus or any other appropriate writ, direction or order restraining the Respondent No.1 until the Appeal under Section 343 of the

Delhi Municipal Corporation Act, 1957 preferred by the is heard / taken up for hearing by the Appellate Tribunal (M.C.D); and d) Pass any other orders as may be deemed fit and necessary in the present facts and circumstances of the Case." Mr. P.V. Kapur, learned Sr. Counsel appearing for the petitioner states, an appeal with stay application has been filed by the petitioner before the ATMCD and the next date of hearing is June 6, 2018. Noting the submission, I deem it appropriate to relegate the parties to the ATMCD on May 21, 2018 when the ATMCD shall hear the appeal / stay application and pass appropriate orders.

The parties shall produce this order for perusal and consideration of the Tribunal.

The petition and the connected application stand disposed of. Dasti.

V. KAMESWAR RAO, J MAY 04, 2018/jg