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i.9
%22.06.2011
L
Present; Mr V.P. Katiyar and Mr R.K. Mishra, Advs. for petitioner. N
Mr Nawal Kishore Jha, Adv; for MCD.
+ W.P. (O No.4415/2011 & CM No.9013/2011
The petitioners, namely, Pradeep Kmnar Goel and Sandeep
Kumar Goel, have filed the presentwrit petition for suspending the demolition order dated 08.06.2011 issued by the respondent No.2 on behalf of the
^ respondent No.1inrespect ofproperty No.F-608, Budh Nagar, J.J. Colony, for unauthorized construction on fourth floor and third floor, in view of the show case notice vide No. 17148 dated 01.06.2011.
Nonnally an appeal before the Appellate Tribunal, MCD lies against the said order. The counsel for the petitioners submits that owing to the vacancy in the office of the Presiding Officer of the Appellate Tribunal, MCD, the appeals arenotbeing heard and as such the present petition hasbeen filed.
The petitioners have also placed a certificate dated 20.06.2011 issued by the Office of the Registrar, Appellate Tribunal, MCD, Delhi, in this regard. During the course of the hearing, the petitioners have, also shown the office copy of the appeal filed by the petitioners before the Appellate Tribunal.
The learned counsel for the petitioners has also pointed out various interim
2011:DHC:17421 protections passed in other petitions till the heariQg of the appeals by the
Appellate Tribunal.
The learned counsel for the respondent No.1 MCD has appeared on advance notice and has confirmed that the Presiding Officer ofthe Appellate
Tribunal, MCD, is not available and new Presiding Officer has been appointed and the appeals are likely to be heard very shortly. He has also confinnedthat several other petitions have been filed for the similar relief
H The case ofthe petitioners is that they are the absolute owners of
^ property No.F-608, Budh Nagar, Inder Puri, New Delhi. The property in question is four side open, measuring 80 sq. yards since the year 1991 and the respondent No.2 issued vacation notice on 20.04.2011 informing that the property is booked for unauthorized construction. The petitioners filed the replyto the show cause notice stating that no new construction was carried out and the said construction was very old and of the year 1991. On 08.06.2011, j,. the respondent No.2 issued demolition order stating that the reply to the show cause notice was not satisfactory and directed the petitioners to vacate the property within six days fi-om the date of receipt of the notice. Thereafter, the petitioners filed the appeal on 20.06.2011 before the AppellateTribunal, MCD.
I find that there is force in the submissions of the petitioners that in case the order of demoHtion is not stayed, the petitioners will suffer irreparable loss
> and injury. It is arguedthat the petitioners have a strongcase on merit andthey have addressed their submissions before the Appellate Tribunal, MCD. Since the Presiding Officer is not available, therefore, the prayer is made by the petitioners that till the appeal of the petitioners is decided the interim order be passed.
Under these circumstances, the writ petition is disposed of with the directions that that till the hearing of the appeal filed by the petitioners
) before the Appellate Tribunal, the respondent No.l MCD shall not take any action as per demolition order dated 08.06.2011, subject to the petitioners it
^ j giving an undertaking thattheywillnot sell, ahenate, encumber or part with the possession of their fourth floor and third floor of property No.F-608, Budh
Nagar, J.J. Colony. In case the petitioners are found in breach of the said undertaking, the MCD shall then also be entitled to take action in pursuance to the orders and notices impugned herein.
Dasti under the signature of Court Master.
NT^
MANMOHAN SINGH
(VACATION JUDGE)
JUNE 22, 2011 jk
%22.06.2011
L
Present; Mr V.P. Katiyar and Mr R.K. Mishra, Advs. for petitioner. N
Mr Nawal Kishore Jha, Adv; for MCD.
+ W.P. (O No.4415/2011 & CM No.9013/2011
The petitioners, namely, Pradeep Kmnar Goel and Sandeep
Kumar Goel, have filed the presentwrit petition for suspending the demolition order dated 08.06.2011 issued by the respondent No.2 on behalf of the
^ respondent No.1inrespect ofproperty No.F-608, Budh Nagar, J.J. Colony, for unauthorized construction on fourth floor and third floor, in view of the show case notice vide No. 17148 dated 01.06.2011.
Nonnally an appeal before the Appellate Tribunal, MCD lies against the said order. The counsel for the petitioners submits that owing to the vacancy in the office of the Presiding Officer of the Appellate Tribunal, MCD, the appeals arenotbeing heard and as such the present petition hasbeen filed.
The petitioners have also placed a certificate dated 20.06.2011 issued by the Office of the Registrar, Appellate Tribunal, MCD, Delhi, in this regard. During the course of the hearing, the petitioners have, also shown the office copy of the appeal filed by the petitioners before the Appellate Tribunal.
The learned counsel for the petitioners has also pointed out various interim
2011:DHC:17421 protections passed in other petitions till the heariQg of the appeals by the
Appellate Tribunal.
The learned counsel for the respondent No.1 MCD has appeared on advance notice and has confirmed that the Presiding Officer ofthe Appellate
Tribunal, MCD, is not available and new Presiding Officer has been appointed and the appeals are likely to be heard very shortly. He has also confinnedthat several other petitions have been filed for the similar relief
H The case ofthe petitioners is that they are the absolute owners of
^ property No.F-608, Budh Nagar, Inder Puri, New Delhi. The property in question is four side open, measuring 80 sq. yards since the year 1991 and the respondent No.2 issued vacation notice on 20.04.2011 informing that the property is booked for unauthorized construction. The petitioners filed the replyto the show cause notice stating that no new construction was carried out and the said construction was very old and of the year 1991. On 08.06.2011, j,. the respondent No.2 issued demolition order stating that the reply to the show cause notice was not satisfactory and directed the petitioners to vacate the property within six days fi-om the date of receipt of the notice. Thereafter, the petitioners filed the appeal on 20.06.2011 before the AppellateTribunal, MCD.
I find that there is force in the submissions of the petitioners that in case the order of demoHtion is not stayed, the petitioners will suffer irreparable loss
> and injury. It is arguedthat the petitioners have a strongcase on merit andthey have addressed their submissions before the Appellate Tribunal, MCD. Since the Presiding Officer is not available, therefore, the prayer is made by the petitioners that till the appeal of the petitioners is decided the interim order be passed.
Under these circumstances, the writ petition is disposed of with the directions that that till the hearing of the appeal filed by the petitioners
) before the Appellate Tribunal, the respondent No.l MCD shall not take any action as per demolition order dated 08.06.2011, subject to the petitioners it
^ j giving an undertaking thattheywillnot sell, ahenate, encumber or part with the possession of their fourth floor and third floor of property No.F-608, Budh
Nagar, J.J. Colony. In case the petitioners are found in breach of the said undertaking, the MCD shall then also be entitled to take action in pursuance to the orders and notices impugned herein.
Dasti under the signature of Court Master.
NT^
MANMOHAN SINGH
(VACATION JUDGE)
JUNE 22, 2011 jk
JUDGMENT