Seema Bisht And ORS v. East Delhi Municipal Corporation

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6565/2017 & CM APPLs. 27206-27207/2017 SEEMA BISHT AND ORS ..... Petitioners Through Mr. Kirti Uppal, Sr. Advocate with Mohd.

Amanullah, Ms.

Shabeena Anjum, Mr. Pranvir Singh Sethi and Mr. Misbah Bin Tariq, Advs.

versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Ajjay Aroraa, Mr. Kapil Dutta and Ms. Diksha Lal, Advs.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 03.08.2017 Affidavit in terms of the last order is not filed. Mr. Aroraa, ld. counsel for the respondent submits that the affidavit shall be filed during the course of the day.

Let it be done.

Petitioner impugns vacation notice issued under Section 349 DMC Act dated 4.1.2017 for the alleged unauthorized construction in the subject property, which as per the vacation notice, was booked on 16.1.2012.

Vacation notice however, is said to have been served only on 5.7.2017. Mr. Uppal, ld. Sr. Counsel for the petitioner, on instructions, submits that the petitioner shall avail the statutory remedy by way of appeal before AT, MCD and therefore, does not press the instant writ petition.

Prayer is however, made for

protection for a period of seven days to prefer such appeal. Keeping in view the totality of the facts and circumstances, it is directed that for a period of seven days from today, no coercive steps shall be taken by the respondent on the premise of the impugned vacation notice.

It is made clear that no part of this order shall have any bearing on the merits of the appeal, that may be preferred by the appellant. The petition is disposed off accordingly. Dasti under signatures of the Court Master.

A. K. CHAWLA, J AUGUST 03, 2017 rc