W.P.(C)/10682/2017 of SMT SATVIRI SHARMA AND ORS Vs NORTH DELHI MUNICIPAL CORPORATION

Court: Delhi High Court
Decision date: 2017-11-30
Case number: 10682/2017

Parties

W.P.(C)/10682/2017 of SMT SATVIRI SHARMA AND ORS (PETITIONER)
NORTH DELHI MUNICIPAL CORPORATION (RESPONDENT)

Cites (1)

W.P.(C)/3268/2019 of MOHD. NIZAMAUDDIN SHAIKH Vs NORTH DELHI MUNICIPAL CORPORATION (2019)

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*IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 10682/2017 and CM APPLs. 43802/2017 & 43803/2017

SMT. SATVIRI SHARMA & ORS...... PetitionersThroughMr. Kirti Uppal, Sr. Advocate withMr. Sunil Gaur, Mr.Sidharth Chopra,Mr. Mohit Bhandari and Mr. AdityaAwasthi, Advs.

versus

NORTH DELHI MUNICIPAL CORPORATION ..... RespondentThroughMr. Kapil Dutta, Adv.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLAO R R%30.11.2017

Instant petition has come to be filed with the prayer, as follows:

“(a)Issue writ of mandamus or any other appropriatewrit, order or direction thereby directing the respondent NorthDelhi Municipal Corporation to not to take any coercive actionagainst the property no. B/1898, Shastri Nagar New Delhi.

(b)Grant an opportunity of personal hearing to thepetitioners’ before taking any coercive action against theproperty no. B/1898, Shastri Nagar New Delhi.”

Petition with the aforegoing prayers, appears to be the outcomeof the demolition order dated 30.10.2015, copy whereof, finds placeat running page 34 of the paper book.It does not require anyelaboration that statutory remedy by way of appeal is availableagainst such demolition order and thereby, the instant petition wouldnot be tenable.Mr. Uppal, ld. Sr. Counsel fairly concedes to thateffect.Hehowever,expressesseriousapprehensionthatthis

demolition order, which, according to him, has come to be servedonly yesterday, would be coming to be executed in day or so byitself, and, thereby, valuable statutory right of the petitioner to assailit may be frustrated. On this, Mr. Dutta, ld. Counsel for therespondent-North Delhi Municipal Corporation on his part submitsthat without getting into the technicalities and the respective pleas ofthe parties on merits, he has instructions to state that the saiddemolition order(s) shall not be executed for period of seven daysfrom today.

In view of the statement made, the petition and the pending

applicationsstanddisposedoff.Therespondent-NorthDelhiMunicipal Corporation shall remain bound by the statement made onits behalf by Mr. Dutta.

Dasti under the signatures of the Court Master.

NOVEMBER 30, 2017rc

A. K. CHAWLA, J