High Court of DelhiW.P.(C)/10682/2017

Smt Satviri Sharma And ORS v. North Delhi Municipal Corporation

2017-11-30Hon'Ble Mr. Justice A. K. Chawla2 pages

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10682/2017 and CM APPLs. 43802/2017 & 43803/2017 SMT. SATVIRI SHARMA & ORS.

..... Petitioners Through Mr. Kirti Uppal, Sr. Advocate with Mr. Sunil Gaur, Mr.Sidharth Chopra, Mr. Mohit Bhandari and Mr. Aditya Awasthi, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Kapil Dutta, Adv.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 30.11.2017 Instant petition has come to be filed with the prayer, as follows: "(a) Issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the respondent North Delhi Municipal Corporation to not to take any coercive action against the property no. B/1898, Shastri Nagar New Delhi. (b) Grant an opportunity of personal hearing to the petitioners' before taking any coercive action against the property no. B/1898, Shastri Nagar New Delhi." Petition with the aforegoing prayers, appears to be the outcome of the demolition order dated 30.10.2015, copy whereof, finds place at running page 34 of the paper book.

It does not require any elaboration that a statutory remedy by way of appeal is available against such demolition order and thereby, the instant petition would not be tenable.

Mr. Uppal, ld. Sr. Counsel fairly concedes to that effect.

He however, expresses serious apprehension that this

demolition order, which, according to him, has come to be served only yesterday, would be coming to be executed in a day or so by itself, and, thereby, a valuable statutory right of the petitioner to assail it may be frustrated. On this, Mr. Dutta, ld. Counsel for the respondent-North Delhi Municipal Corporation on his part submits that without getting into the technicalities and the respective pleas of the parties on merits, he has instructions to state that the said demolition order(s) shall not be executed for a period of seven days from today.

In view of the statement made, the petition and the pending applications stand disposed off.

The respondent-North Delhi Municipal Corporation shall remain bound by the statement made on its behalf by Mr. Dutta.

Dasti under the signatures of the Court Master. A. K. CHAWLA, J NOVEMBER 30, 2017 rc