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DELHI HIGH COURT
SANJEEV SACHDEVA
Little Pearl Charitable Society – Appellant
Versus
North Delhi Municipal Corporation – Respondent


JUDGMENT

Sanjeev Sachdeva, J. (Oral)

CM APPL.4177/2021 (exemption)

Exemption is allowed subject to all just exceptions.

W.P.(C) 1457/2021 & CM APPL.4178/2021 (stay)

1. Petitioner impugns demolition notice dated 29.07.2019 and vacation notice dated 26.10.2020.

2. Learned counsel for the petitioner submits that petitioner has already filed an appeal before the Appellate Tribunal MCD but the same could not be taken up and is now listed on 08.03.2021.

3. Learned counsel appearing for the respondent/Corporation submits that substantial demolition action has already been taken as the building was constructed contrary to sanctioned building plan. He submits that further action is contemplated qua the remaining unauthorized construction.

4. Since the Corporation has already substantially demolished the upper floors of the building and appellant has already filed an appeal before the Appellate Tribunal MCD, this petition is disposed of with a direction that till the next date before the Appellate Tribunal MCD i.e. 08.03.2021, no further coercive action shall be taken against the property of the petitioner.

5. No further construction, repairs/renovation activity shall be carried ou

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