In W.P.(C) 1644/2018, the Delhi High Court disposed of a petition seeking demolition of unauthorized construction and allowed intervention in an appeal before the MCD Appellate Tribunal by dismissing the writ as withdrawn.
The writ petition is dismissed as withdrawn with a direction to file for intervention in the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
CM No. 6727/2018 (for exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 1644/2018
The present petition has been filed by the petitioner with the
following prayers:
“It is, therefore, most respectfully prayed that this Hon’ble Court be pleased to:
deems fit and proper in the facts and circumstances of the case is also granted.”
It is conceded by the learned counsel for the petitioner that the respondent No.2 has filed an appeal before Appellate Tribunal MCD and the Appellate Tribunal MCD has stayed the order of demolition on April 18, 2017. He also states, as the petitioner cannot seek his impleadment before the Appellate Tribunal, he has filed this petition. He states he would be satisfied if at least the petitioner is allowed to intervene in the appeal for a limited purpose of filing written submissions. Mr. Rajan Sabharwal and the learned counsel for the respondent No.2 have no objection in that regard. The writ petition is disposed of as not pressed with a direction to the petitioner to file an application for intervention before the Tribunal to the extent of allowing him to file written submissions. If such an application is filed, the Appellate Tribunal MCD shall consider the application favourably and allow intervention for the purpose of filing written submissions.
The writ petition is dismissed as withdrawn.
Dasti.
V. KAMESWAR RAO, J
MARCH 07, 2018 /aky
JAGPAL SINGH YADAV
COMMISSIONER NORTH MCD
V. KAMESWAR RAO
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
