MADHU CHOWDHRY AND ORS  Vs SOUTH DELHI MUNICIPAL CORPORATION AND ORS

W.P(C) 987/2021 Page 1
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 25.01.2021

+ W.P.(C) 9 87/2021
MADHU CHOWDHRY & ORS. ….. Petitioner s

versus

SOUTH DELHI MUNICIPAL
CORPORATION & ORS. …..Respondent s

For the Petitioner : Ms. Anjana Gosain & Ms. Shalini Nair,
Advocates. Advocates who appeared in t his case:
For the Respondent: Mr. Ajjay Aroraa, Standing Counsel.

CORAM: –
HON’BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
Exemption is allowed subject to all just exceptions. CM APPL.2673/2021(exemption)
1. The hearing was conducted through video conferencing. W.P.(C) 9 87/2021 & CM APPL.2672/2021
2. Petitioners have filed the subject petition impugning the
demolition order dated 9.11.2020 passed by the Assistant Engineer
(Building) in respect of property Nos.97 and 98, Mount Kailash, East of Kailash, New Delhi.
3. It is contended by learned counsel for the petitioner that an
appeal has been filed before the Appellate Tribunal, MCD. However,
2021:DHC:271
W.P(C) 987/2021 Page 2
since the Appellate Tribunal, MCD is not functioning, the appeal has
not been taken up for hearing and is now listed on 17.02.2021.
4. Learned counsel submits that there is a threat of demolition as
the Officers of the respondent had even visited the property to carry
out the demolit ion but because of the health condition of one of the
occupants, demolition action was deferred.
5. Since the appellant has already filed an appeal before the
Appellate Tribunal and the Appellate Tribunal has not taken up the
appeal for hearing and the appe al is now listed for 17.02.2021, this
Writ Petition is disposed of directing that till the nex t date of hearing
before the Appellate Tribunal, no coercive action shall be taken by the
Respondents against the property of the petitioners.
6. It is further clarified that the Tribunal on the next date would be
at liberty to take up the appeal and pass such appropriate orde rs as it
may deem fit in accordance with law without being influenced by
anything stated in this order.
7. The Petition is disposed of in the above terms.
8. Copy of the order be uploaded on the High Court website and
be also forwarded to learned counsels throu gh email by the Court
Master.

SANJEEV SACHDEVA, J
JANUARY 25, 2021/ ak
2021:DHC:271