High CourtsSingle Bench(2021) 02 DEL CK 0011

Partap Kumare Kochhar & Ors. vs North Delhi Municipal Corporation & Ors

Delhi High Court · Decided on 2 February 2021

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 424 Of 2021, Civil Miscellaneous Application No. 1105 Of 2021

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Judgment

16 paragraphs · 253 words

Sanjeev Sachdeva, J

1.

The hearing was conducted through video conferencing.

2.

Learned counsel for the petitioners submits that appeals of the petitioners are listed before the Tribunal on 16.02.2021.

3.

Petitioners have filed the subject petition impugning the demolition order dated 28.12.2020.

4.

Learned counsel for the petitioners submits that the Appellate Tribunal, MCD is still not operational.

5.

Learned counsel appearing for respondent submits that the recommendations have already been sent to the concerned Ministry and the Tribunal is

likely to become operational shortly.

6.

By order dated 12.01.2021 it was directed that no demolition action shall be carried out consequent to the demolition order dated 28.12.2020 in

respect of the properties of the petitioners.

7.

Since the Appellate Tribunal, MCD is likely to commence functioning shortly, this petition is disposed of with the direction that the interim protection

granted to the petitioner by order dated 12.01.2021 shall continue till 28.02.2021 or till the time the appeal of the petitioners is taken up for

consideration, whichever is earlier. Thereafter, the interim protection, if any, shall be subject to orders to be passed by the Appellate Tribunal.

8.

It is clarified that the Appellate Tribunal shall consider the appeal and the application for stay without being influenced by anything stated in this

order.

9.

The petition along with pending application is disposed of in the above terms.

10.

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