North Delhi Municipal Corporation v. Renu Nangia & Ors.

1. The hearing was conducted through video conferencing.

SANJEEV SACHDEVA, J.

2. Petitioner seeks quashing of orders dated 23.12.2021 and 12.01.2022 passed by the Appellate Tribunal-MCD whereby the Petitioner Corporation have been restrained from taking any coercive action against the property bearing No. 13/13-WEA, Karol Bagh, New Delhi, subject matter of the appeal.

3. Learned counsel for the Petitioner submits that on 23.12.2021 when an exparte stay was granted, it was directed that the application for interim stay would be considered on 12.01.2022. However, on 12.01.2022 even though a status report and an application for vacation of stay was filed by 2022:DHC:323 W.P.(C) 1603/2022 the Petitioner, arguments were not heard and the matter was adjourned to 14.02.2022 and interim orders were continued.

4. Learned counsel submits that this is the second round of litigation before the Appellate Tribunal-MCD. He submits that the property had earlier been sealed and was de-sealed by an order of remit passed by the Appellate Tribunal-MCD. He submits that thereafter, after due consideration and an opportunity of hearing, the order of sealing has been passed.

5. Since the applications are listed before the Tribunal on 14.02.2022, no orders are called for in the present petition except to direct the Appellate Tribunal-MCD to expeditiously dispose of the appeal and in case the appeal cannot be disposed of on 14.02.2022 to at least consider and dispose of the application for interim protection filed by the respondent before Appellate Tribunal-MCD.

6. Petition is disposed of in the above terms.

7. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

SANJEEV SACHDEVA, J JANUARY 27, 2022 ‘rs’