Zafaruddin Khan Faizan v. Municipal Corporation of Delhi & Anr.

Delhi High Court · 01 Sep 2025 · 2025:DHC:7691
Manoj Jain
CM(M) 1691/2025
2025:DHC:7691
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking interim protection against demolition pending appeal, relying on the MCD's assurance to refrain from action until the next hearing.

Full Text
Translation output
CM(M) 1691/2025 1
HIGH COURT OF DELHI
Date of Decision: 1st , September, 2025
CM(M) 1691/2025 & CM APPL. 55003-55004/2025
ZAFARUDDIN KHAN FAIZAN .....Petitioner
Through: Mr. Bahar U. Barqi and Mr. Maroof Ahmad, Advocates.
VERSUS
MUNICIPAL CORPORATION OFDELHI & ANR. .....Respondent
Through: Ms. Shilpa Dewan, Additional Standing Counsel, MCD.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. The case of the petitioner is that the Appellate Tribunal, MCD at the moment, is non-functional as the new Presiding Officer has yet not joined and, if the property is demolished in the interregnum, his appeal would become infructuous.

2. The attention of the Court has also been drawn towards order dated 08.08.2025 passed by this Court.

3. The appeal in question was to be taken up by the learned Tribunal on 11.08.2025 but since the new presiding officer has yet not joined, the appeal was adjourned to a subsequent date.

4. The next date is, reportedly, 17.09.2025.

5. Learned counsel for respondent/MCD submits that, without prejudice to their rights and contentions, they would not take any precipitative step till said next date of hearing. CM(M) 1691/2025 2

6. In view of the above, learned counsel for petitioner does not press for any further relief.

7. Petitioner would, however, be at liberty to file petition afresh, in case, need so arises.

8. The petition stands disposed of in aforesaid terms.

9. The pending applications also stand disposed of in aforesaid terms.

JUDGE SEPTEMBER 1, 2025/ss/pb