Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: A.No. 716/25 & 717/25
12.10.2026
Present : 	Sh. B.S. Mathur, Ld counsel for the appellant joined
through VC.
Sh. Dharamvir Gupta, Ld counsel for the respondent
along with Sh. Sriniwas, AE(B).
Arguments heard on the applications seeking
condonation of delay in both the appeals.
The appellant in appeal no. 716/25 has challenged the
demolition order dated 23.12.2022 and in the other
appeal has challenged the sealing order dated
05.01.2023. Both the appeals were filed on 28.10.2025
and there is delay of more than 2 and half years in filing
these appeals.
The appellant has sought condonation of delay on the
ground that neither the show cause notices nor the
impugned orders were ever served upon the appellant
and the appellant came to know about these orders
through status report filed by the MCD in W.P.(C) No.
2365/16 and vide order dated 12.09.2023 the Hon’ble
High Court gave liberty to the appellant to avail remedies
under the DMC Act. The appellant in the meantime
shifted to his village as the property was partially
demolished and sealed and thereafter was suffering from
ailments and his son was looking after the appellant
which continued till 01.09.2025 and thereafter the
Contd…2/-
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appellant recovered from his illness and contacted the
counsel and therefore the delay should be condoned.
Same has been opposed by the ld counsel for the
respondent/MCD on the ground and even as per the case
of the appellant he had knowledge since 22.05.2023 of
the impugned orders and there is no plausible
explanation at least since 22.05.2023. Otherwise, the
respondent took partial demolition and sealing action
even prior to 22.05.2023 on 16.01.2023 and the appellant
is required to explain the delay since then.
I have perused the record and the medical documents of
the appellant. Though the appellant has not been able to
explain the delay for each and every day since date of
knowledge and date of demolition and sealing action,
however considering of his illness and the fact that he will
not gain any benefit by not challenging the orders and
with an endeavour to decide the appeal on merits, the
delay is condoned subject to cost of Rs. 5000/- each in
the both the appeals. Let the cost be deposited with the
Registry on or before the next date of hearing.
Put up for arguments on appeals on 22.02.2027.
Interim orders, if any, to continue till the next date of
hearing.
(AMIT KUMAR)
Addl. District & Sessions Judge
P.O.: Appellate Tribunal, MCD
12.10.2026
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