ZAFARUDDIN KHAN FAIZAN vs MUNICIPAL CORPORATION OF DELHI AND ORS. & ANR.

Judgment text excerpt

$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.10.2025 + CM(M) 1927/2025, CM APPL. 62426/2025 & 62425/2025 ZAFARUDDIN KHAN FAIZAN .....Petitioner Through: Mr. Bahar U. Barqi and Mr. Maroof Ahmad, Advocates versus MUNICIPAL CORPORATION OF DELHI AND ORS. & ANR. .....Respondents Through: Ms. Shilpa Dewan, Advocate. CORAM: JUSTICE GIRISH KATHPALIA O R D E R (ORAL) 1. Petitioner has approached this Court, invoking jurisdiction under Article 227 of the Constitution of India because the Appellate Tribunal, MCD is currently not functional and is awaiting appointment of a Presiding Officer. 2. It is contended on behalf of petitioner that in case his appeal is not heard, the subject property may be demolished by the respondent MCD. It appears that the appeal filed by the petitioner was listed on 17.09.2025 but since the Tribunal is lying vacant, the appeal was adjourned by the Reader of the Tribunal to 29.10.2025. 3. Similar to few other petitions of the same nature, learned counsel for CM(M) 1927/2025 Page 1 of 2 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb48 35d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Signature Not Verified KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.10.06 17:04:34 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:06.10.2025 17:41:02 respondent MCD appearing on advance intimation submits that without their respective rights and contentions, no precipitative action shall be taken by the respondent MCD against the subject property till the stay application in appeal of the petitioner is heard by the Appellate Tribunal, MCD. 4. I