Harish Verma & ORS v. North Delhi Municipal Corporation & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4375/2017 HARISH VERMA & ORS ..... Petitioners Through:

Dr.Surat Singh with Ms.Mansi Agarwal, Advocates versus NORTH DELHI MUNICIPAL CORPORATION & ORS ..... Respondents Through:

Mr. Sauraish Chadda and Mr.Ishan Kashyap, Advocates for Respondent No.1.

Mr.Jagdeep Kr. Sharma, Standing Counsel for NDMC.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 19.05.2017 CM No.19131/2017 Exemption allowed, subject to all just exceptions. The application is disposed of.

W.P.(C) 4375/2017 and CM No.19130/2017 1.

After some hearing, learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to file an appeal against the demolition order, sealing order as well as the eviction notice before the MCD Appellate Tribunal.

2.

The writ petition and the application are dismissed as withdrawn with the liberty as prayed for. If the appeal is filed by the petitioners within 10 days, the Appellate Tribunal shall consider the same on merits. Respondent

No.1 shall withhold coercive action for 10 days to enable the petitioners to approach the MCD Appellate Tribunal.

3.

It is clarified that this Court has not examined the petitioners' claim on merits and the parties are at liberty to raise all their rights and contentions before the Appellate Tribunal in accordance with law. 4.

Copy of this order be given Dasti to the counsel for the parties. J.R. MIDHA, J.

MAY 19, 2017 Dev