High Court of DelhiW.P.(C)/3503/2018

Musharaf Jahan v. North Delhi Municipal Corporation

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

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3503/2018, CM No. 13829/2018 MUSHARAF JAHAN ..... Petitioner Through:

Mr.I Ahmed, Adv. with Mr.S.D.Ansari, Adv.

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

Mr.Eshita Baruah, Adv. with Mr.Gaurang Kanth, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 04.05.2018 W.P.(C) 3503/2018 The present petition has been filed by the petitioner with the following prayers:

"The petitioner respectfully prays that this Honourable Court may very graciously be pleased to hear, and decide the Appeal (Annexure A hereto) and quash the demolition order dated 27.3.2018 (received on 3.4.2018) in respect of property No. 470, Gali Baharwali, Chhatta Lal Mian, Daryaganj, Delhi-110002". When the matter was listed on April 10, 2018, this court has passed the following order:

"This is a petition filed by the petitioner challenging the order dated March 27, 2018, which is a demolition order under Section

343 of the DMC Act, 1957. Mr. Ansari states, the petitioner has filed an appeal before the ATMCD but the appeal has been adjourned to May 20, 2018 as there is no Presiding Officer in the Tribunal.

As I have listed similar matters on April 25, 2018, I deem it appropriate to renotify the petition on the same date. Till that date, no coercive action shall be taken against the petitioner." Learned counsel for the petitioner states that the appeal has been filed before the ATMCD and the next date fixed is May 20, 2018. If that be so, the parties are relegated to the ATMCD. They shall appear before the ATMCD on May 20, 2018, on which date, the ATMCD shall hear the appeal / stay application filed by the petitioner, de-novo without being influenced by the protection granted by this Court on April 10, 2018. The protection granted by this Court shall continue till May 20, 2018. The parties shall produce this order before the ATMCD for its perusal and consideration. The petition is disposed of.

Dasti.

CM No. 13829/2018 (stay) The application has become infructuous. The same is disposed of as such.

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