Petition challenging vacation notice and demolition order was disposed of as infructuous since matters were relegated to the Appellate Tribunal MCD pending an appeal filed by petitioners; previous protection order remained valid till tribunal hearing.
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.
$~22
Through: Mr.Amol, Adv.
versus
NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through: Mr.Ajjay Aroraa, Adv. and Mr.Kapil Dutta, Adv.
CORAM:
W.P.(C) 2250/2018
The present petition has been filed by the petitioners with the following prayers:
On March 9, 2018, this court had passed the following order:-
“Even though, the present petition has been filed by the petitioners challenging the vacation notice dated March 08, 2018 and demolition order dated February 22, 2018 of the
NDMC, learned counsel for the petitioners state, he would confine this petition only to an order of protection, till such time the appeal filed by four petitioners is heard by the Appellate Tribunal MCD as the same is not functioning, in view of the transfer of the Presiding Officer.
Notice, Mr. Ajjay Aroraa, Adv. accepts notice for the respondent.
Mr. Ajjay Aroraa submits that the action is being taken pursuant to the directions of the Division Bench in W.P. (C) 11382/2017 wherein the Division Bench has directed the NDMC to investigate the building in question and in case, any illegality is discovered with regard to the building, immediate action shall be taken in accordance with law.
It is the submission of the learned counsel for the petitioners that the demolition order dated February 22, 2018 has been issued without show cause notice to the petitioners. Till the next date of hearing no coercive steps shall be taken against the petitioners.
Re-notify on March 19, 2018.”
Learned counsel for the petitioners state that the appeal has been filed before the ATMCD and the next date of hearing fixed is May 21, 2018. If that be so, the parties are relegated to the ATMCD. They shall appear before the ATMCD on May 21, 2018, on which date, the ATMCD shall hear the appeal / stay application filed by the petitioners de-novo without being influenced by the protection granted by this Court on March 9, 2018. The protection granted on March 9, 2018 shall continue till May 21, 2018.
The parties shall produce this order before the ATMCD for its perusal and consideration. The petition is disposed of.
Dasti.
CM No. 9297/2018 (stay)
The application has become infructuous. The same is disposed of as
such.
V. KAMESWAR RAO, J
MAY 04, 2018 /akb
DR DUMPALA SANTOSH RUPA & ORS
NORTH DELHI MUNICIPAL CORPORATION
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
