Rajender Pal Sharma v. East Delhi Municipal Corporation And ANR.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3599/2018 RAJENDER PAL SHARMA ..... Petitioner Through:

Mr. Rajeev Saxena and Mr. Manish Khurana, Advs.

versus EAST DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondents Through:

Mr. A.K. Singh, Adv. for EDMC.

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:

"It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue:

(a) An appropriate writ, direction or order thereby admitting the appeal u/s 343 (2) of the Delhi Municipal Act, 1957, calling for the records of the Respondents relating to property bearing No.C-41/X-1, Dilshad Garden, Delhi-110095, and more particularly the impugned demolition order dated 02.07.2015, and declare the said order of demolition as illegal, unlawful, arbitrary and in gross breach of Respondents own rules and regulations and statutory mandate of the NCT of Delhi Laws (Special Protection) Act, 2011 as amended up to date;

(b) An appropriate wit, direction or order thereby calling for the records of the Respondents relating to property bearing No.C-41/X-1, Dilshad Garden, Delhi-110095, and more particularly the impugned vacation order dated 20.02.2018,

and declare the said order as illegal, unlawful, arbitrary and in gross breach of Respondents own rules and regulations and statutory mandate of the NCT of Delhi Laws (Special Protection) Act, 2011 as amended up to date; (c) An appropriate writ, direction or order thereby directing the Respondents to accept the application for regularization of addition or alteration in respect of property bearing No. C-41/X-1, Dilshad Garden, Delhi - 110095, and disposing off the same with a speaking order thereby regularizing the addition or alternation in terms of the Policy and Procedure for Permission and Regularization of Additions / Alternations in DDA Flats;

(d) Grant such other Writ order or direction, which may be deemed fit and proper on the facts and circumstances of the case and in the interest of justice."

On April 13, 2018, this court passed the following order: "Present petition has been filed challenging the demolition order dated July 2, 2015 and vacation notice dated February 20, 2018. It is the submission of Mr. Rajeev Saxena, learned counsel for the petitioner that the demolition order has not been received by the petitioner himself but through a petition filed by Mr. Pankaj Aggarwal in this court, wherein petitioner is a party. He states, against the vacation notice and the demolition order petitioner has filed an appeal before the ATMCD, which has been adjourned to April 27, 2018 as no Presiding Officer of the ATMCD is in place.

As I have listed similar matters on April 25, 2018, re-notify this petition on the said date.

Till the next date of hearing no coercive steps shall be taken against the petitioner."

As the ATMCD started functioning, I deem it appropriate to relegate the parties to the ATMCD. Parties shall appear before the ATMCD on May 16, 2018 when the Tribunal shall consider the appeal / stay application of

the petitioner de-novo without being influenced by the protection granted by this court on April 13, 2018.

Till May 16, 2018, interim protection granted by this court on April 13, 2018 shall continue.

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

Petition stands disposed of.

CM No. 14236/2018 The application has become infructuous. The same is disposed of as such.

Dasti.

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