W.P.(C)/6563/2017 of SANTOSH GAUR Vs EAST DELHI MUNICIPAL CORPORATION

*INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(C) 6563/2017 & CM APPLs. 27202-27203/2017SANTOSH GAUR..... Petitioner

Through

Mr. Kirti Uppal, Sr. Advocate withMohd.Amanullah,Ms.ShabeenaAnjum, Mr. Pranvir Singh Sethi andMr. Misbah Bin Tariq, Advs.Mohd.Amanullah,Ms.ShabeenaAnjum, Mr. Pranvir Singh Sethi andMr. Misbah Bin Tariq, Advs.

versus

EAST DELHI MUNICIPAL CORPORATION..... RespondentThroughMr. Ajjay Aroraa, Mr. Kapil Duttaand Ms. Diksha Lal, Advs.

..... Respondent

CORAM:HON'BLE MR. JUSTICE A. K. CHAWLAO R R%03.08.2017

Affidavit in terms of the last order is not filed. Mr. Aroraa, ld.counsel for the respondent submits that the affidavit shall be filedduring the course of the day.Let it be done.

Petitioner impugns vacation notice issued under Section 349DMCAct dated 7.7.2017 for the alleged unauthorized constructionin the subject property, which as per the vacation notice, was bookedon 6.4.2012. Vacation notice however, is said to have been servedonly on 13.7.2017. Mr. Uppal, ld. Sr. Counsel for the petitioner, oninstructions, submits that the petitioner shall avail the statutoryremedy by way of appeal before AT, MCD and therefore, does notpress the instant writ petition.Prayer is however, made for

protection for period of seven days to prefer such appeal.

Keeping in view the totality of the facts and circumstances, it isdirected that for period of seven days from today, no coercive stepsshall be taken by the respondent on the premise of the impugnedvacation notice.It is made clear that no part of this order shall haveany bearing on the merits of the appeal, that may be preferred by theappellant. The petition is disposed off accordingly.

Dastiunder signatures of the Court Master.

A. K. CHAWLA, J

AUGUST 03, 2017rc