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2023 Supreme(Del) 2610
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J.
Naresh Chandra – Appellant
Versus
Municipal Corporation of Delhi – Respondent
CM(M) 1277 of 2023 & CM APPLs. 40656-57 of 2023
Decided On : 09-08-2023
Mr. Ankit Jain and Mr. Varun Phogat, Advocates, for the Petitioner.
Ms. Chetanya Singh and Mr. Chetan Sharma, Advocates, for MCD.
The central legal point established in the judgment is the agreement not to enforce the demolition order until the final disposal of the appeals.
Headnote:
Article 227 - Demolition Order - The court considered a petition filed under Article 227 of the Constitution of India, challenging the refusal of interim relief against a demolition order. The court noted that the Respondent agreed not to enforce the demolition order until the final disposal of the appeals, leading to the disposal of the petition.
Fact of the Case:
The petition challenged the refusal of interim relief against a demolition order based on the revocation of the sanctioned plan for the property by the Municipal Corporation of Delhi.
Finding of the Court:
The court noted the agreement of the Respondent not to enforce the demolition order until the final disposal of the appeals and disposed of the petition accordingly.
Issues: The main issue was the refusal of interim relief against the demolition order based on the revocation of the sanctioned plan for the property.
Ratio Decidendi: The court's decision was influenced by the agreement of the Respondent not to enforce the demolition order until the final disposal of the appeals.
Final Decision: The court disposed of the petition in view of the statement made by the Respondent and the agreement not to enforce the demolition order until the final disposal of the appeals.
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 40657/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1277/2023 & CM APPL. 40656/2023
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 03.08.2023 passed by the Appellate Tribunal Municipal Corporation of Delhi (`Tribunal') in Appeal No.464/2023, whereby the ATMCD vide order dated 03.08.2023 has declined to grant interim relief to the Petitioner herein against the demolition order dated 14.07.2023.
1.1. It is a matter of record that the basis for issuance of the said demolition order includes the ground that the sanctioned plan for the subject property also stands revoked by the Municipal Corporation of Delhi (`MCD') on 07.07.2023. The Petitioner herein has separately challenged the revocation order in Appeal No. 463/2023.
2. The learned counsel for the Respondent, MCD who appears on advance notice on instructions from Mr. Yashwant Singh, Assistant Engineer, states that both appeals i.e., appeal no. 463/2023 and appeal no. 464/2023 are next listed before the Tribunal at 11.08.2023 and are expected to be heard and decided expeditiously. He states on instructions that the Respondent will not enforce the demolition order until the final disposal of the said appeals.
3. The learned counsel for the Petitioners states that he undertakes before this Court that no adjournment will be sought by the Petitioner before the Tribunal and the Petitioner will be duly represented through a counsel to address arguments on 11.08.2023 and any subsequent date fixed by the Tribunal.
3.1. He states that the Respondent be bound down to the statement made before this Court and the petition be disposed of in terms thereafter.
4. The statement of the Petitioner and the Respondent made before this Court is taken on record and parties are bound down to the same.
5. In view of the statement made by the Respondent, the present petition is disposed of. The pending application stands disposed of.
