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.
$~46, 47, 48
Through: versus MUNICIPAL CORPORATION OF DELHI ..... Respondent Through:
Presence :
Advocates for the petitioners : Mr. Nitin Goel, Mr. Mayank Goel, Mr. Lokesh Goel, Mr. Arjun Khatri and Ms. Akshita Jain, Advs.
Advocate for the respondent/MCD : Mr. Sanjeev Sabharwal, SC along with Ms. Shweta Singh, Adv. for MCD.
CORAM:
CM APPL.2116/2024 (Exemption) in W.P.(C) 472/2024 CM APPL.2118/2024 (Exemption) in W.P.(C) 473/2024 CM APPL.2120/2024 (Exemption) in W.P.(C) 474/2024
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 15:19:41
Allowed, subject to all just exceptions.
Applications stand disposed of.
W.P.(C) 472/2024 and CM APPL.2115/2024 (Stay) W.P.(C) 473/2024 and CM APPL.2117/2024 (Stay) W.P.(C) 474/2024 and CM APPL.2119/2024 (Stay)
“ 1. The petitioners in all these three writ petitions are residents of an apartment complex known as Pink Apartments, Sector-13, Rohini, Delhi. They have challenged demolition orders dated 06.08.2020 and vacation orders dated 26.10.2023 issued to them by the Municipal Corporation of Delhi [“MCD”].
2. The impugned orders are predicated upon an allegation of unauthorised construction in the said properties in the shape of extending balconies and addition/alteration in the flats against the standard building plan. The vacation orders are only consequent upon the demolition orders.
3. As the demolition orders are appealable before the Appellate Tribunal for the MCD [“ATMCD”], Mr. Sandeep Sharma, learned counsel for the petitioners, seeks permission to withdraw the writ petitions and approach the ATMCD.
4. Subject to the petitioners approaching the ATMCD within a period of one week from today, MCD is directed to maintain status quo with regard to the petitioners’ properties until 05.01.2024. In the meanwhile, the ATMCD is requested to consider the petitioners’ applications for interim relief at least for the purpose of ad interim protection, and take an appropriate decision in accordance with law.
5. It is made clear that this Court has not expressed any opinion on the merits of the matter, which are left open for adjudication before the ATMCD.
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 15:19:41
6. The writ petitions, alongwith pending applications, are dismissed as withdrawn, with the above observations .”
SACHIN DATTA, J
JANUARY 12, 2024/ cl
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 15:19:41
Ajay Bhatia
Avadhesh Gupta & Anr.
Amisha Bhatia
Municipal Corporation of Delhi
Sachin Datta
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
