Lalit Berry & Anr. v. Municipal Corporation of Delhi

Delhi High Court · 27 Jun 2025 · 2025:DHC:5035
Manoj Jain
W.P.(C) 8570/2025
2025:DHC:5035
administrative petition_dismissed

AI Summary

The Court granted a limited interim protection of ten days against a demolition order to enable the petitioner to file an appeal before the non-functional Appellate Tribunal, relying on the respondent's assurance to maintain status quo.

Full Text
Translation output
W.P.(C) 8570/2025 1
HIGH COURT OF DELHI
Date of Decision: 27th June, 2025
W.P.(C) 8570/2025 & CM APPL. 37038-37039/2025
LALIT BERRY & ANR. .....Petitioner
Through: Mr. Naveen Kumar, Advocate.
VERSUS
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through: Mr. Vikas Chopra, Standing Counsel for MCD
WITH
Ms. Anita R. Mishra and Ms. Khushi, Advocates.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner was served with demolition order under Section 343 of DMC Act, 1957.

2. The order bears date of 03.06.2025 but according to petitioner, it was served upon him on 11.06.2025.

3. It is submitted that the petitioner, as per the available statutory remedy, is going to assail the abovesaid order by filing appropriate appeal before the learned Appellate Tribunal, MCD but since, on account of on-going summer vacation, the Tribunal is not functional, the petitioner may be granted breather.

4. Learned Standing Counsel for respondent Corporation appears on advance notice and submits that no precipitative steps, in terms of the W.P.(C) 8570/2025 2 abovesaid demolition order, shall be taken for a period of ten days to be reckoned from today.

5. In view of the above assurance, the petitioner does not press for any relief. He submits that he would file appeal as expeditiously as possible and would make request before the learned Tribunal for grant of interim relief.

6. Be that as it may, in view of the abovesaid, no further direction is required by this Court.

7. The petition stands disposed of in aforesaid terms.

8. Pending applications, if any, also stand disposed of.

9. Copy of the order be given dasti under the signatures of Court Master.

MANOJ JAIN, J (VACATION JUDGE) JUNE 27, 2025/st/pb