High Court of DelhiW.P.(C)/4709/2018

Smt. Shakila v. North Delhi Municipal Corporation

2018-05-07Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4709/2018, CM No. 18124/2018 SMT. SHAKILA ..... Petitioner Through:

Mr. I Ahmed an Mr. S.D. Ansari, Advs.

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

Mr. Sunil K. Goel, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 07.05.2018 The present petition has been filed by the petitioner with the following prayers:

"The petitioner respectfully prays that this Hon'ble Court may very graciously be pleased to hear and decide the Appeal (Annexure A thereto) and quash the demolition order dated 22.3.2018 (received on 12.04.2018) in respect of property No. 3971/7, 3971/8, Mohalla Khakhana Urdu Bazar, Jama Masjid, Delhi.

Prayed accordingly."

When the matter was listed on May 03, 2018 this Court has passed the following order:

"The present petition has been filed by the petitioner challenging the order dated March 22, 2018. The contention of the learned counsel for the petitioner is that she has filed an

appeal before the ATMCD and the same has not been heard as there is no Presiding Officer in place at ATMCD. As I have listed similar matters tomorrow i.e. May 04, 2018 and also on May 07, 2018, I deem it fit to adjourn the matter on May 07, 2018.

Till such time no coercive action shall be taken. I take on record the statement made by Mr. S.D. Ansari that the petitioner has no intention to raise any construction on the third floor."

Learned counsel for the petitioner states that the appeal has been filed before the ATMCD and the same is coming up for hearing on May 31, 2018. If that be so, the parties are relegated to the ATMCD. They shall appear before the ATMCD on May 31, 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 May 03, 2018. The protection granted on May 03, 2018 shall continue till May 31, 2018. The parties shall produce this order before the ATMCD for its perusal and consideration. The petition is disposed of.

CM No. 18124/2018 (for stay) Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 07, 2018/aky