HARCHARAN SINGH YADAV vs MUNICIPAL CORPORATION OF DELHI & ORS.

Judgment text excerpt

$~ SB-16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th June, 2025 + W.P.(C) 8561/2025 & CM APPL. 37018-37019/2025 HARCHARAN SINGH YADAV .....Petitioner Through: Mr. Gaurav D with Mr. Naveen Kmar, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondent Through: Mr. Abhinav Singh, ASC for MCD. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. MCD passed an order of demolition under Section 343 of DMC Act, 1957 with respect to the property of the petitioner. 2. The abovesaid demolition order has been challenged by the petitioner by filing an Appeal before the learned Appellate Tribunal, MCD, Delhi and his such appeal has been registered as Appeal No. 385/2025. 3. In the meanwhile, based on the direction passed by Coordinate Bench of this Court in W.P.(C) 2834/2025 on 06.03.2025, in relation to one civil suit pending before the Court of learned JSCC /ASCJ, Patiala House Court, New Delhi, learned Civil Judge, directed that the abovesaid directions given by this Court on 06.03.2025 may be complied with. 4. The abovesaid directions also pertain to the same very premises. 5. The earlier order passed by learned Presiding Officer, Appellate Tribunal , MCD indicates that the appeal was taken on record on 09.06.2025 and it has now been fixed for arguments on interim application on 25.07.2025. 6. Learned counsel for the petitioner submits that since he has already Signature Not Verified Digitally Signed W.P.(C) 8561/2025 1 By:SONIA THAPLIYAL Signing Date:27.06.2025 19:46:31 invoked the jurisdiction of Appellate Tribunal and is aggrieved by the demolition order in question, MCD should not take any further precipitative step till the disposal of the abovesaid Appeal or for that matter till the disposal or as per the outcome of its app