MOHD IQBAL & ORS. vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~ SB-24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th June, 2025 + W.P.(C) 8472/2025 & CM APPL. 36828/2025 MOHD IQBAL & ORS. .....Petitioners Through: Mr. Vinod Kumar Mantoo with Mr. Hem Kumar and Mr. Nupur Mantoo, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ANR. ....Respondents Through: Mr. Arjun Mahajan, Standing Counsel for MCD with Mr. Apoorv Upamanyu and Mr. Harsh Vashisht, Advocates for respondent No.1. Mr. Bhagwan Swarup Shukla, CGSC for UOI CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner had earlier filed an appeal before the learned Appellate Tribunal, MCD which was registered as Appeal No.195/2025. Such appeal was dismissed by the learned Appellate Tribunal on 03.06.2025. 2. Said order has been further assailed by the petitioner by filing an appeal before the learned Principal District & Sessions Judge, which has been registered as MCD Appeal No.12/2025. It was taken up for consideration by District Judge – 07, Central, while sitting as a Vacation Bench but the concerned Court did not pass any order observing that there was no delegation of judicial power of Principal District & Sessions Judge to him and, therefore, the aspect related to interim relief could not be considered and the abovesaid appeal has now been posted before the learned Principal District & Sessions Signature Not Verified Digitally Signed W.P.(C) 8472/2025 1 By:SONIA THAPLIYAL Signing Date:27.06.2025 20:13:27 Judge on 01.07.2025 at 2:00 pm. 3. The petitioner apprehends that in the meanwhile, as there is no interim relief or stay in the matter, the respondent Corporation may demolish the entire building. It is also brought to the notice of the Court that partial demolition has already taken place and, lastly, the building was, partially,