High Court of DelhiW.P.(C)/6306/2018

Avinash Chiranjeev v. South Delhi Municipal Corporation

2018-05-31Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6306/2018 & CM. Nos. 24254/2018 and 24255/2018 AVINASH CHIRANJEEV ..... Petitioner Through:

Mr. S.K. Sharma, Adv. with Mr.

Karan Dahiya, Adv.

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

Mr. Tushar Sannu, Adv. for SDMC

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 31.05.2018 CM. No. 24255/2018 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 6306/2018 The present petition has been filed by the petitioner challenging order dated May 07, 2018 whereby the Tribunal has dismissed the application filed by the petitioner for preponement of the date of hearing and seeking disposal of the application filed under Section 343 (2) for stay against the orders dated December 12, 2013, February 11, 2014, February 19, 2014 and stay of vacation notice dated October 18, 2017. I have been informed that the appeal and the application under Section 343(2) of the DMC Act are

listed on July 30, 2018.

Upon hearing the learned counsel for the parties including the plea of Mr. Sharma that if no interim protection is granted, the appeal would become infructuous, this court is of the view that the petitioner shall file an application for early hearing of the application filed under Section 343(2) of the DMC Act by tomorrow. The same shall be listed before the Tribunal on 4th June, 2018 when the Tribunal shall consider the application filed by the petitioner for early hearing of the application under Section 343(2) of the DMC Act, and also hear the application for stay under Section 343 (2) of the DMC Act and pass appropriate orders, in accordance with law. Till the hearing of the application on 4th June, 2018, no coercive action shall be taken. It is made clear that the Tribunal shall consider the application for stay without being influenced by the protection granted in favour of the petitioner in this order. Petition stands disposed of. CM. No. 24254/2018 Dismissed as infructuous.

Dasti under the signatures of Court Master.

V. KAMESWAR RAO, J MAY 31, 2018/ak