MURARI LAL vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~ SB-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th June, 2025 + W.P.(C) 8568/2025 & CM APPL. 37035-37036/2025 MURARI LAL .....Petitioner Through: Mr. Karnail Singh with Mr. Jatin Chaudhary, Mr. Karan Bidhuri, Advocates. versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Rakesh Malhotra, Advocate (through V.C.) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The petitioner has already filed an appeal before the learned Appellate Tribunal, MCD which has been registered as Appeal No.360/2025. 2. The abovesaid appeal was lastly taken up by the learned Appellate Tribunal, MCD on 12.06.2025 and the matter has been fixed up for further arguments and clarification on 26.08.2025. 3. The apprehension of the petitioner is that since there is no stay as such, the Corporation may demolish his property in terms of the demolition order dated 11.04.2025. It is submitted that if any such action is taken by MCD, his appeal would be rendered infructuous. 4. Sh. Rakesh Malhotra, learned Panel Counsel for MCD appears on advance notice and does admit the fact that these days, on account of summer vacation, learned Tribunal is not functional. Signature Not Verified Digitally Signed W.P.(C) 8568/2025 1 By:SONIA THAPLIYAL Signing Date:28.06.2025 12:55:35 5. As per the last order passed by the learned Tribunal on 12.06.2025, the appellant has already been granted an opportunity to address arguments and the case is fixed for further arguments and clarification for 26.08.2025. 6. In such a peculiar situation, when the appeal is pending adjudication before the learned Tribunal, ideally speaking, no precipitative step should be taken by the respondent Corporation, unless and until, the application seeking interim relief has been, specifically,