Mohd Yunus & Ors v. Municipal Corporation of Delhi & Ors

O R D E R %

18.11.2024

¶1These two writ petitions are directed against a notice dated

12.04.2023 issued by the Municipal Corporation of Delhi ["MCD"] under Section 348 of the Delhi Municipal Corporation Act, 1957 directing the occupants of property bearing No. 1088, Mohalla Kishan Ganj, Azad Market, Sadar Bazar, Delhi-110006 ["subject property"] to vacate the property on the ground that the property is in a dangerous and dilapidated condition. Both the writ petitions have been filed in respect of the same impugned notice by different residents/occupants of parts of the premises in question.

¶2Status reports have been filed by MCD in W.P.(C) No. 5834/2023. The latest status report was filed on 30.04.2024, in which it is stated that the subject property has been re-inspected and found to have deteriorated to the extent that it is irreparable.

¶3Objections have been filed by the petitioner in the said petition, in which disputes are raised as to the correctness of the photographs filed with the status report and a contention is raised that the property is, in fact, repairable.

¶4Learned counsel for the petitioners state that, in view of the fact that these disputes will require factual adjudication on evidence, they seek liberty to withdraw these writ petitions with liberty to agitate their grievances in ordinary civil proceedings.

¶5It may be mentioned that a submission has been made by Mr. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Abhishek Gupta, learned counsel for the petitioner Nos. 2,3 and 4 in W.P.(C) No. 5826/2023, states that they do not wish to agitate the writ petition any further. He submits that they have filed an affidavit to this effect.

¶6Mr. S.D. Ansari and Mr. I. Ahmed, learned counsel, who have filed the writ petition on behalf of four petitioners, submit that they have no instructions to withdraw the petition on behalf of any of the petitioners.

¶7It is unnecessary to enter into this controversy, in view of the fact that the petitioners, in any event, are seeking liberty to agitate their grievances by way of civil suits. If any of the petitioners are not inclined to proceed with these grievances, they can choose not to file civil suit(s) in this regard.

¶8The petitions are dismissed as withdrawn, with liberty to file civil proceedings.

¶9By order dated 04.05.2023, the petitioners were protected from coercive action; this interim order has held the field until today. It is directed that the interim order will continue for a period of three weeks from today.

¶10In the event, any of the petitioners file a civil suit alongwith any application for interim orders, the concerned Court may take a decision upon the application on its own merits, uninfluenced by orders passed by this Court. PRATEEK JALAN, J NOVEMBER 18, 2024 'SV'/AL/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5826/2023 & CM APPLs. 22848/2023, 30635/2024 MOHD YUNUS & ORS. .....Petitioners Through: Mr.S.D.Ansari and Mr.I.Ahmed, Advocates for P-1 Mr.Abhishek Gupta, Advocate (Proxy) for P-2,3 and 4 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr.Abhinav Sharma, Mr.Mahender K. Shukla and Mr.Ramit Sherawat, Advocates for MCD Ms. Mehak Nakra, ASC with Ms. Bhavya Nakra, Ms. Salonee and Mr. Mayank, Advocates for R-2. + W.P.(C) 5834/2023 & CM APPLs. 22860/2023, 25481/2024, 25482/2024 ASJAD MALIK .....Petitioner Through: Mr.Ramakant Agarwal, Advocate versus MUNICIPAL CORPORATION OF DELHI AND ORS .....Respondents Through: Mr.Ashutosh Gupta, ASC for MCD Mr.Waheeh Shafiq and Mr.Vishwajeet Kumar, Advocates for R-4 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. CORAM: HON'BLE MR. JUSTICE PRATEEK JALAN