Partly allowed

Ashok Kumar Taneja v. Municipal Corporation of Delhi & Ors.

Delhi HC29 Jan 2024W.P.(C)/956/2024

Case brief

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What is this about?

The petitioner challenged demolition and sealing orders against a property. The court observed that the orders are appealable before the ATMCD. The petition was disposed of with liberty to appeal and a direction to maintain status quo for three weeks.

What did the court decide?

Petition disposed with liberty to file appeal before ATMCD; MCD directed to maintain status quo for three weeks.

Ashok Kumar Taneja Vs Municipal Corporation of Delhi & Ors. — Landlord and Tenant | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 956/2024 &CM APPL. 3934/2024 (stay) ASHOK KUMAR TANEJA ..... Petitioner Through: Mr. Piyush Gupta, Mr. Puneet Goyal, Mr. Jai Sani and Ms. Isha Kapoor, Advs.

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versus

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MUNICIPAL CORPORATION OF DELHI & ORS.

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..... Respondents Through: Mr. Tushar Sannu, Adv.-GNCTD with Mr. Manoviraj Singh, Adv. and Mr. Puspendra Kumar, EE (B)Shahadra South. for MCD.

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CORAM:

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HON'BLE MR. JUSTICE SACHIN DATTA

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O R D E R % 29.01.2024

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The hearing has been conducted through video-conferencing.

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Learned counsel for the respondent/MCD submits that a demolition order as also a sealing order has already been passed qua the property in question.

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Admittedly, the said demolition order and the sealing order are appealable before the ATMCD.

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Accordingly, the present petition is disposed of with liberty to the petitioner to file an appeal before the ATMCD assailing the demolition order and the sealing order passed qua the property in question.

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Learned counsel for the petitioner submits that the said demolition order and the sealing order are ex-facie illegal and completely without

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This is a digitally signed order.

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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 15/06/2024 at 11:55:39

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jurisdiction, since the construction in the property bearing no.442, 443/1, Jheel Khuranja, Delhi is in existence since 1990.

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The petitioner shall be at liberty to take this plea before the ATMCD which shall pass appropriate order/s after taking into account the said plea. 6. Learned counsel for the petitioner contends that since the sealing of the property is ex-facie illegal, the property should be directed to be immediately de-sealed. The ATMCD is requested to consider this aspect of the matter as well and pass appropriate order/s.

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In the interregnum, while the petitioner files its appeal before the ATMCD, the MCD is directed to maintain status quo and refrain from taking any precipitative action for the period of three weeks from today. The ATMCD shall be at liberty to pass further interim order/s thereafter after considering the respective submissions of the parties.

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With the aforesaid observations, the present petition stands disposed of.

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SACHIN DATTA, J

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JANUARY 29, 2024/r

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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 15/06/2024 at 11:55:39

Ashok Kumar Taneja v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Taneja v. Municipal Corporation of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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