MCD Order

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* IN THE HIGH COURT OF DELHI AT NEW DELHI


+ W.P.(C) 2269/2023
ANIL KUMAR GUPTA & ANR. ..... Petitioners
Through: Mr. Amit Gupta and Mr. Sagar Verma,
Advocates

versus

MUNICPAL COPORATION OF DELHI AND ANR.


..... Respondents
Through: Mr. Ram Kumar, Advocate for MCD
Ms. Aakanksha Singh, Advocate for respondent
No.2

CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 22.02.2023
CM APPL. 8615/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 2269/2023 and CM APPL. 8614/2023 (Interim Direction)
1. By way of the present petition filed under Article 226 of the
Constitution of India, the petitioners are challenging Show Cause Notice
dated 01.08.2022 and demolition order dated 12.08.2022 issued under
Section 343 of the DMC Act, as well as Vacation Notice dated 09.12.2022
issued under Section 349 of the DMC Act.

This is a digitally signed order.


The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 07/05/2024 at 17:50:16
2. Learned counsel for the petitioners submits that entire action of the
respondents is illegal. He, however, on instructions, seeks leave to withdraw
the present petition with liberty to seek appropriate relief before the
Appellate Tribunal, MCD. It is prayed that three weeks' time may be granted
in order to enable the petitioners to approach the ATMCD.
3. Leave and liberty, as prayed for, are granted. It is directed that no
precipitate action be taken against the petitioners in pursuance of the
demolition order/show cause notice for a period of three weeks from today
to enable them to approach the ATMCD, whereafter the continuation of the
interim protection shall be sought by the petitioners from the Tribunal in the
appeal filed, if any. Vacation notice dated 09.12.2022 shall also be kept in
abeyance in the meantime, subject to the outcome of the proceedings before
the ATMCD.
4. Learned counsel for the petitioners/applicants, on instructions,
submits that the petitioners undertake not to carry out any further
construction in the subject property which is not in accordance with law.
The statement is accepted and taken on record.
5. The present petition is permitted to be withdrawn in the above terms,
alongwith the pending application.
6. Needless to state, while disposing of the present petition, this Court
has not gone into the merits of the respective contentions made on behalf of
the parties.

MANOJ KUMAR OHRI, J


FEBRUARY 22, 2023
na

This is a digitally signed order.


The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 07/05/2024 at 17:50:16

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