Delhi High Court
Sh. Sudhir Singh vs Municipal Corporation Of Delhi on 27 June, 2025
$~ SB-13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 27th June, 2025
+ W.P.(C) 8542/2025 & CM APPL. 36994/2025
SH. SUDHIR SINGH
.....Petitioner
Through: Mr. Gaurav Sharma, Advocate.
versus
MUNICIPAL CORPORATION OF DELHI
.....Respondent
Through: Mr. Kapil Dutta, Standing counsel and
Mr. Vansh Luthra, Advocate for
MCD.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
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
Signature Not Verified
Digitally Signed W.P.(C) 8542/2025 1
By:SONIA THAPLIYAL
Signing Date:27.06.2025
19:34:00
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
Signature Not Verified
Digitally Signed W.P.(C) 8542/2025 2
By:SONIA THAPLIYAL
Signing Date:27.06.2025
19:34:00