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High Court of DelhiW.P.(C)/637/2025

Aakib v. Municipal Corporation Of Delhi Through Its Deputy Commissioner & ORS.

2025-01-20Hon'Ble Ms. Justice Jyoti Singh2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 637/2025 AAKIB .....Petitioner Through:

None.

versus MUNICIPAL CORPORATION OF DELHI THROUGH ITS DEPUTY COMMISSIONER & ORS.

.....Respondents Through:

Mr.

Umang Tyagi, Additional Standing Counsel with Ms. Aditi Kapoor, Advocate for R1.

Mr. Manoj Kumar Tyagi, Senior Panel Counsel for UOI.

Mr. Tushar Sannu and Mr. Shivam, Advocates for DDA.

Mr. Shiv Shanker Parashar, Advocate for R4.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 14.02.2025 CM APPL. 9095/2025 1.

This application is preferred on behalf of the applicant/Respondent No.4 seeking recall of the order dated 20.01.2025. 2.

Learned counsel appearing on behalf of Respondent/MCD on advance copy of the application submits that demolition drive has been scheduled for 28.02.2025. However, keeping in mind the order passed by this Court on 20.01.2025, wherein, directions were issued to MCD to take further action after complying with statutory provisions of the Delhi Municipal W.P.(C) 637/2025 Page 1 of 2 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 18/02/2025 at 11:13:29

Corporation Act, 1957 and keeping in mind the judgment of the Supreme Court in In Re: Directions in the matter of demolition of structures, 2024 SCC OnLine SC 3291, it shall be ensured that no action is in violation of the same. It is also stated on instructions that show cause notice will be issued to Respondent No.4 calling upon him to give a reply within a reasonable period and further action will be taken depending upon the response of Respondent No. 4.

3.

In view of the aforesaid stand of MCD, grievance of Respondent No.4 ventilated in the present application stands redressed. Needless to state that further action by MCD will be in consonance with the assurance given. No ground to recall the order dated 20.01.2025 is made out and the application is dismissed.

JYOTI SINGH, J FEBRUARY 14, 2025/jg/shivam W.P.(C) 637/2025 Page 2 of 2 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 18/02/2025 at 11:13:29