$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8764/2024
AMIT KUMAR & ANR. ..... Petitioners
Through Mr. Rajat Mathur, Adv.
versus
MUNICIPAL CORPORATION OF DELHI. .... Respondent
Through Mr. Tushar Sannu, Standing
Counsel for the MCD with Mr.
Nanoviraj Singh and Mr.
Shobha Sachdeva, Advs.
CORAM:
HON’BLE MR. JUSTICE DHARMESH SHARMA
O R D E R
% 28.06.2024
CM APPL. 35697/2024 EXMP.
–
1. Allowed, subject to all just exceptions.
2. The application shall stand disposed of.
W.P.(C) 8764/2024, CM APPL. 35696/2024 STAY
–
3. The petitioner is invoking extra ordinary jurisdiction of this
Court under Article 226 of the Constitution of India for issuance of
appropriate writ/directions for setting aside the impugned demolition
order dated 24.04.2024, which is alleged to have been pasted outside
the house of the petitioner on 17.06.2024.
4. Learned Counsel for the respondent-MCD is present on advane
notice.
5. It is submitted by the learned Counsel for the respondent that
the present petition is not maintainable since the appropriate remedy is
to file an appeal before the learned Appellate Tribunal, Municipal
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
ATMCD
Corporation of Delhi [“ ”]. However, it is acknowledged that
the due to summer vacations ATMCD is not functioning. He has also
pointed out that this matter involves an ongoing demolition action and
the next demolition action is planned for 05.07.2024.
6. The present petition is disposed of with the directions that no
further demolition action shall be taken till 05.07.2024. In the
meanwhile, the petitioner shall be at liberty to prefer appropriate
appeal before the learned ATMCD.
dasti
7. As requested, a copy of this order be given under the
signatures of the Court Master.
8. Learned Counsel for the respondent is impressed upon to
communicated this order to the officers concerned.
9. The present Writ Petition along with the pending application is
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 11:55:48