Full Text
HIGH COURT OF DELHI
Date of Decision: 17.08.2023
NEELAM PATHAK & ORS ..... Petitioners
Through: Mr. Vidur Kamra, Advocate
Through: Mr. Ajay Digpaul, Advocate for R-1
JUDGMENT
1. This petition impugns the order dated 20.02.2020 passed by the Appellate Tribunal Municipal Corporation of Delhi (‘ATMCD or Appellate Tribunal’) in appeal No. 80/2020, titled as, Aruna & ors vs. South Delhi Municipal Corporation whereby, the application seeking ad-interim stay of the demolition order dated 28.11.2016 was declined.
2. Learned standing counsel for Respondent, Municipal Corporation of Delhi (‘MCD’)states thatthedemolitionorder wasdulyservedon ShriVipin Gupta, the husband of Petitioner No. 12 herein i.e., Ms. Kavita Gupta.
2.1. He states that the receipt of the demolition order by Petitioner No. 1, Ms. Neelam Pathak is also duly admitted in this petition at para 16.
2.2. He states that the Respondent, MCD is relying upon the aforesaid service on Petitioner No. 1 and 12 and relies upon the written instructions received from the concerned Executive Engineer, which read as under:-
2.3. He states thata statusreport duly enclosingthecopy ofthedemolition order containing the signature of Shri Vipin Gupta will be placed before the ATMCD on 21.08.2023.
3. The parties jointly agree that the issue of due service of demolition order upon the Petitioners herein may be decided afresh by the Appellate Tribunal while disposing of the appeal, which is listed for disposal on 21.08.2023.
4. Thepartiesfurther jointlymakea requestthatdirectionsforexpeditious disposal of the appeal be passed in this petition.
5. Accordingly, with the consent of the parties, the present petition is disposed of with the following directions: i. The parties shall remain present before the Appellate Tribunal on 21.08.2023 and co-operate with the Appellate Tribunal in expeditious disposal of the appeal. ii. The Appellate Tribunal is requested to hear and dispose of the appeal preferably within a period of three (3) months from 21.08.2023. iii. The parties are directed to ensure that they do not seek any adjournmentand areduly represented by their counselat each dateofhearing before the Appellate Tribunal.
6. Theinterim order dated 02.03.2020passed by thisCourtshallcontinue until the final disposal of the appeal.
7. The Respondent, MCD will file the affidavit enclosing the service of demolition order onMr. Vipin Gupta, thehusband ofPetitioner No. 12 herein i.e., Ms. Kavita Guptaon or before21.08.2023 before the Appellate Court.
8. It is madeclear that this Courtis not examined themeritsofthe matter pendingbeforetheATMCD and thesame will be decided by the Tribunal in accordance with law.
9. With the aforesaid directions, the present petition is disposed of.
10. Pending Applications, if any, stands disposed of.
MANMEET PRITAM SINGH ARORA (JUDGE) AUGUST 17, 2023/rhc/ms Click here to check corrigendum, if any