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HIGH COURT OF DELHI
JUDGMENT
SAVITA ARORA ..... Petitioner
COMMISSIONER ..... Respondent Advocates who appeared in this case:
For the Petitioner: Mr. Bhupinder Singh Saini, Advocate.
For the Respondent: Mr. M.Qayam-ud-din, Advocate for the applicant, Ms. Kusum Sehgal.
Mr. Tushar Sannu, Addl. Standing Counsel with
Ms. Ankita Bhadouriya and Mr. Shubham Jain, Advocates for North DMC.
1. The hearing was conducted through video conferencing.
2. Learned counsel for the applicant seeks leave to withdraw the application.
3. Application is dismissed as withdrawn. 2021:DHC:742 W.P(C) 2073/2021 Page 2 W.P.(C) 2073/2021 & CM APPL.6068/2021, 8043-44/2021
1. Petitioner has filed the subject petition seeking stay of the demolition order dated 22.01.2021 seeking to demolish the property of the petitioner bearing No.3417-18, Angoori Ghata, Gali Arya Samaj, Delhi-110006 till the time the Appellate Tribunal, MCD becomes functional.
2. Learned counsel further submits that petitioner has already filed an appeal before the Appellate Tribunal, MCD but since the Appellate Tribunal, MCD was not functional, the matter now stands adjourned to 23.03.2021.
3. Learned counsel appearing for the Corporation submits that despite the work stop notice petitioner has continued to raise construction and continues to do so even till date.
4. Without prejudice to the above, it is directed that no action of demolition shall be taken against the property of the petitioner till 23.03.2021, the date when the appeal of the petitioner is listed before the Appellate Tribunal, MCD.
5. It is clarified that till the said date petitioner shall not carry out any construction activity and in case petitioner continues with the construction activity after today, this interim protection shall automatically stand vacated and Corporation shall be at liberty to take appropriate action in accordance with law. W.P(C) 2073/2021 Page 3
6. It is further clarified that in case petitioner complies with the direction not to raise any further construction till 23.03.2021, continuation of protection thereafter shall be subject to orders of the Appellate Tribunal, MCD. Appellate Tribunal, MCD shall consider the appeal/stay application of the petitioner without being influenced by this order.
7. Petition is accordingly disposed of in the above terms.
8. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J. FEBRUARY 26, 2021 rk