Ajay Dabas v. Municipal Corporation of Delhi

Delhi High Court · 29 Jun 2011 · 2011:DHC:17515
M. L. Mehta
W.P.(C.) No.4508/2011
2011:DHC:17515
administrative appeal_allowed

AI Summary

The Delhi High Court granted interim stay against demolition of a flat pending hearing of statutory appeal before the non-functional MCD Tribunal, directing the petitioner to pursue the appeal once the Tribunal becomes functional.

Full Text
Translation output
'
L
#L4 HIGH COURT OF DELHI Writ Petition (Civill No.45O8/201 1
Ajay Dabas .'.. Petitioner
Through: Mr.Narveer Dabas with Mr.Sudhir Nagar, Advocates
VERSUS
Municipal Corporation of Delhi .... Respondent
Through: Mr.Dev P, Bhardwaj, Standing Counsel
CORAM:
HON',BLE MR. JUSTICE M,L. MEHTA
ORDER o/o 29.06.20LL C.M. No.917Ol2O11 Petitioner is seeking exemption from filing the typed copies of dim annexures.
.r?.
Allowed, subject to petitioner doing the needful within four weeks. The application is disposed of.
W.P.(C.) No.45O8/2OLL & C.M. No.9169/20L1 The petitioner states that he has filed the statutory appeal before the MCD Tribunal, but since the Tribunal is not functioning w.P.(C.) No.45O8/2O77
2011:DHC:17515 L L because of the Officer having not yet joined, present petition is filed. The petitioner has sought relief of injunction against the demolition of his Flat No.G-2 on the ground floor of property bearing No.D-53, Ditshad Garden, Delhi-L10095. Learned counsel for the petitioner states that the petitioner has purchased this flat in the same condition as it is about 13 years back' All these aspects will be examined by the Tribunal in the regular appeal.
Since the Tribunal is not functioning, there shall be stay against the demolition of the demised flat, i,e., Flat No.G-2 on the ground floor of property bearing No.D-53, Dilshad Garden, Delhi-110095 till 30th July, 20L1. The petitioner will ensure that he takes steps before the Tribunal for hearing of his appeal before the said date.
Nothing contained in this order shall amount to expression of opinion on the merits of the case.
With these observations, the petition is disposed of.
A copy of this order be given dasti.
,, JUNE 29,2OLL Dev frr-r*-L*^ M.L.MEHTA, J. vAcATroN JUDGE
W.P.(C.) No.45O8/2O71 2011:DHC:17515
JUDGMENT