Gurjeet Singh v. North Municipal Corporation Of Delhi And ORS

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6880/2017 & CM. No. 28600/2017 GURJEET SINGH ..... Petitioner Through:

Mr. G.S. Vasisht, Mr. Piyush Rayal and Ms. Smriti Vasisht, Advs.

versus NORTH MUNICIPAL CORPORATION OF DELHI AND ORS ..... Respondents Through:

Mr. Praney Jain and Mr. Sudhanshu Arya, Advs. for R1 and R2.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 22.01.2018 This petition is listed today in view of fresh application being CM. No. 2459/2018 filed by the petitioner. It is the case of the petitioner that respondent had issued a vacation notice dated December 26, 2017. Learned counsel for respondent nos. 1 and 2, who appears on advance notice states, demolition order has since been passed. This aspect is conceded by Mr. G.S. Vashisht, learned counsel for the petitioner as according to him, the respondents are on the verge of demolishing the unauthorized construction. Mr. Vashisht also states, as per his instructions petitioner has not received the demolition order. Learned counsel for the respondent nos. 1 and 2 states, demolition order shall be provided to Mr. Vashisht during the course of the day. Counsel for the respondent nos. 1 and 2 also states, remedy for the petitioner is to approach the Appellate

Tribunal (MCD).

At this stage, Mr. Vashisht states, the petitioner shall withdraw the writ petition and approach the Appellate Tribunal (MCD) provided protection is granted for three days from today to enable the petitioner approach the Appellate Tribunal. Counsel for the respondent nos.1 and 2 states, till the petitioner approaches the Appellate Tribunal, within three days and the matter is heard on the fourth day, no coercive steps shall be taken against the petitioner.

The statement is taken on record.

The petition and the connected applications are dismissed as withdrawn.

The date already fixed, i.e., May 16, 2018 stands cancelled. Dasti.

V. KAMESWAR RAO, J JANUARY 22, 2018/jg