DEVENDER BALHARA  Vs SOUTH DELHI MUNICIPAL CORPORATION

W.P(C) 887/2021 Page 1
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.01.2021
+ W.P(C) 887/2021
DEVENDER BALHARA ….. Petitioner
versus

SOUTH DELHI MUNICIPAL CORPORATION …..Respondent
For th e Petitioner : Mr. Arush Kapoor , Advocate . Advocates who appeared in this case:
For the Respondent: Mr. Kapil Dutta, Advocate for Mr. Ajjay Aroraa,
Standing Counsel, SDMC .
CORAM: –
HON’BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM APPL.2326/2021 (exemption)
Exemptio n is allowed subject to all just exceptions.
1. The hearing was conducted through video conferencing. W.P(C) 887/2021 & CM APPL.2327/2021
2. Petitioner seeks a restraint on the respondent from taking
coercive action till the time his appeal filed before the MCD Appellate
Tribunal is taken up for hearing.
3. Petitioner is aggrieved by a speaking order dated 15.01.2021
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W.P(C) 887/2021 Page 2
whereby , the representation of the petitioner seeking a restraint on the
respondent from taking action against his alleged unauthorised
construction w as rejected.
4. Learned counsel for petitioner submits that petitioner has filed
an application seeking regularisation of his construction, which
application is still pending and without disposal of the same, subject order has been passed. Learned coun sel for petitioner further contends
that petitioner has already filed an appeal before the MCD Appellate Tribunal, however, since the MCD Appellate Tribunal is not sitting, he has approached this Court
5. Learned counsel appearing for the South Delhi Municipal
Corporation submits that he is not aware as to whether the regularisation application has been disposed of or not, however, he submits that consequent to order dated 15.01.2021 a demolition action has been planned for today and a request has been sent to the police authorities for providing police protection.
6. He further submits that as per his instructions a Presiding
Officer has been nominated for the MCD Appellate Tribunal and is
awaiting the notification from the Delhi Government. He submits that
very soon the Tribunal is likely to start functioning.
7. Learned counsel for the respondent submits that the action was
taken against the subject property consequent to directions issued by this Court in W.P(C) 7497/2020 titled Manohar Singh vs. S outh DMC
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W.P(C) 887/2021 Page 3
& Ors .
8. It is observed that subject order dated 15.01.2021 was passed
consequent to a direction given by this Court by its order dated
19.10.2020 in W.P(C) 8232/2020 to treat the writ petition as a hearing
and to pass an order afresh after he aring the petitioner. Pending the
consideration, consequent to the directions issued on 19.10.2020 ,
there was a restrain t on the respondent s from taking any precipitative
action against the property of the petitioner.
9. After hearing the petitioner, subject impugned order dated
15.01.2021 has been passed, against which Petitioner has file d an
appeal to the MCD Appellate Tribunal. The appeal has not been taken
up as the MCD Appellate Tribunal is not sitting.
10. Since the MCD Appellate Tribunal is likely to commence
functioning soon and there was already a stay order consequent to
order dated 19.10.2020, respondent are restrained from taking any further coercive action against the subject property till the application
of the petitioner for stay is taken up for consideration by the Appellate Tribunal.
11. It is clarified that this protection shall be available to the
petitioner only in case petitioner files an application for stay/early
hearing of his appeal within one week of the Appellate Tribunal commencing its sitting and shall continue only till the tim e the
application for stay is taken up for consideration by the Appellate
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W.P(C) 887/2021 Page 4
Tribunal . Thereafter , it would be open to the Appellate Tribunal to
pass appropriate orders. Appellate Tribunal shall dispose of the
application for stay without being influenced by anything stated in this
order.
12. The petition is accordingly disposed of in the above terms.
13. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.

SANJEEV SACHDEVA, J .
JANUARY 21, 2021
rk

2021:DHC:226