MOHD IQBAL & ORS. vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th April, 2025 + CM(M) 687/2025, CM APPL. 22246/2025 & CM APPL. 22247/2025 MOHD IQBAL & ORS. .....Petitioners Through: Mr. Vinod Kumar Mantoo with Mr. Hem Kumar and Ms. Nupur Montoo, Advocates with petitioner No.1 in person. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Ashutosh Gupta, ASC with Mr. Arman Monga, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners have filed an appeal before learned Appellate Tribunal, MCD. It has been registered as A.No.195/2025. 2. When the abovesaid appeal was taken up by learned Tribunal on 04.04.2025, the request of the appellants to grant ex-parte stay was refused and the matter was fixed up for 20.05.2025 for arguments on stay and interim application(s) as well as on appeal. 3. Such order is under challenge. 4. According to learned counsel for the petitioners herein, learned Tribunal has placed strong reliance upon one communication sent by the petitioner on 10.03.2025. In the impugned order, while referring to the abovesaid letter, the learned Tribunal has come to the conclusion that the petitioners, themselves, have admitted that they had completely demolished the entire old structure and had erected a new structure. It Signature Not Verified Digitally Signed CM(M) 687/2025 1 By:SONIA THAPLIYAL Signing Date:17.04.2025 18:54:30 noted that since there was complete new reconstruction, there should have been a sanctioned building plan but the appellants have rather taken a contrary stand by submitting that they had not gone for complete reconstruction of the building and they had only done the repair with respect to those aspects for which the building in question had earlier been claimed to be dangerous and unsa