Single judge disposed of a writ petition where the petitioner sought a stay on property demolition. Court granted liberty to apply for stay before ATMCD and ordered no coercive action until February 14, 2017.
No coercive action to be taken till 14.02.2017; liberty granted to press plea for stay before ATMCD.
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.... Petitioner Through Mr. Swastik Singh and Mr. Vikasdeep Sharma, Advs.
versus
SOUTH DELHI MUNICIPAL CORPORATION
..... Respondent Through Mr. Rakesh Mittal, Standing Counsel with Ms. Kamlesh Anand and Ms. Yamini Mittal, Advs
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
O R D E R
% 10.02.2017
The petitioner is aggrieved by the fact that inspite of his stay application having been pressed before the ATMCD seeking a stay on the demolition of his property bearing No. E-21, Mahavir Enclave, New Delhi, the ATMCD was not inclined to pass any order and had fixed the next date of hearing as 14.02.2017. Learned counsel for the petitioner points out that the proposed action by the respondent for demolition is now planned for 13.02.2017.
Learned counsel for the respondent has put in appearance on an advance notice. His submission is that the contempt proceedings have been initiated by one Sunil Pokhrial as to why SDMC had not taken any action qua this property inspite of undertaking. This has led to initiate urgent action in the matter.
Noting the submissions and counter submissions, this writ petition is disposed of with liberty granted to the petitioner to press
his plea for stay before the ATMCD as this Court has been informed that the reasons which have weighed in the mind of the ATMCD not granting stay to him was for the fact that the demolition order was not in the hands of the petitioner. He has now been made aware of the demolition order.
Accordingly no coercive action be taken till 14.02.2017. The ATMCD de-hors any observation made by this Court in this petition will dispose of the stay application/appeal filed by the petitioner.
Petition disposed of in the above terms.
Order dasti under the signature of the Court Master.
INDERMEET KAUR, J
FEBRUARY 10, 2017 A
1 issue framed by the court
Whether the petitioner should be granted temporary relief until the next hearing date regarding a stay application pending before the ATMCD for demolition of their property.
Rekha
South Delhi Municipal Corporation
Indermeet Kaur
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
