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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8762/2024
ASHISH GARG AND ANR . ..... Petitioners
Through Mr. Anuroop P.S., Mr. Deepak
Khosla and Mr. Humayun
Khan, Advs.
versus
COMMISSIONER MUNICIPALCORPORATION OF DELHI
..... Respondent
Through Mr. Sanjeev Sabharwal, Adv.
CORAM:
HON’BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 28.06.2024
CM APPL. 35692/2024 EXMP.
–
1. Allowed, subject to all just exceptions.
2. The application shall stand disposed of.
W.P.(C) 8762/2024, CM APPL. 35691/2024 INTERIM RELIEF
–
3. The petitioners invoke extra ordinary jurisdiction of this Court
under Article 226 of the Constitution of India for issuance of writ/
appropriate directions for quashing of the impugned vacation notice
dated 21.06.2024 issued under Section 349 of the Delhi Municipal
Corporation Act, 1957 The Act
[“ ”] pursuant to demolition order
issued under Section 343(1) of the Act.
4. Mr. Sanjeev Sabharwal, learned Counsel for the respondent-
MCD is present on advance notice through video conferencing.
5. Learned counsel for the petitioners has urged that permissible
repairs had been carried out in the premises in question after seeking
permission from the Municipal Corporation of Delhi [ MCD
“ ”].
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/07/2024 at 11:55:47
However, the officers of the MCD have certain grudges against the
petitioners and they have purportedly issued some notices, which have
never been received. It is urged that no demolition notice has been
served upon the petitioners and even impugned vacation notice dated
21.06.2024 does not indicate serving of any demolition notice in
respect of property in question.
6. It is pointed out that the basement and grounds floor of the
property in question are being used for commercial purposes whereas
upper floors are being used for residential purposes only.
7. It is further pointed out that due to summer vacations, no
Presiding Officer in Appellate Tribunal, Municipal Corporation of
ATMCD
Delhi [“ ”] is functioning in District Courts.
8. Issue notice. Notice is accepted by Mr. Sanjeev Sabharwal,
learned counsel for the respondent-MCD.
9. It is submitted by learned counsel for the respondent that
demolition as well as sealing notices have already been served upon
the petitioner way back in the year 2022.
10. The respondent-MCD is directed to keep in abeyance any
demolition in question with regard to the property in question for a
period of seven days. This period is given so as to enable the
petitioners to approach the learned ATMCD for seeking appropriate
relief.
11. The present writ petition along with application stands disposed
of accordingly.
DHARMESH SHARMA, J.
(VACATION JUDGE)
JUNE 28, 2024/sm
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/07/2024 at 11:55:47