Sh. Sudhir Singh v. Municipal Corporation of Delhi

1. Respondent-Corporation passed a demolition order on 09.06.2025with respect to property of the petitioner.

2. Petitioner filed an appeal before the learned Appellate Tribunal, MCD challenging the abovesaid order.

3. Such appeal has been filed on 23.06.2025 only but because of the fact that the abovesaid Tribunal is not functional on account of Summer Vacation, apprehending that demolition may take place in the interregnum, the present petition has been filed with prayer that respondent-Corporation may be directed not to take any coercive process till the adjudication of the interim stay application filed in such appeal.

4. Learned Standing counsel for respondent-Corporation/MCD appears through video conferencing and does admit the fact that on account of W.P.(C) 8542/2025 2 ongoing Summer Vacation, the Tribunal is not functional.

5. Admittedly, as per the averments made in the petition, the appeal has already been filed before the learned Appellate Tribunal, MCD and if indulgence is not given to the petitioner and demolition is carried out, appeal may become infructuous.

6. In view of the above, the present petition is disposed of with the direction to respondent-Corporation not to take any precipitative step for a period of 15 days from today.

7. It is expected that in the interregnum, the petitioner would move appropriate application before the learned Tribunal so that his application seeking interim relief is taken up by the learned Tribunal and is disposed of, in accordance with law.

8. Petition stands disposed of in aforesaid terms.

9. Pending application also stands disposed of in aforesaid terms.

10. It is, however, clarified that this court has not given any observation with respect to the merits of the case as such.

11. Order dasti under the signatures of the Court Master.

MANOJ JAIN, J (VACATION JUDGE) JUNE 27, 2025/sw/JS