Delhi High Court - Orders
Pushpanjali Farm Owners And Residents ... vs Municipal Corporation Of Delhi & Ors on 29 May, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~99
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 301/2025
PUSHPANJALI FARM OWNERS AND RESIDENTS
ASSOCIATION .....Appellant
Through: Ms. Smiti Verma and Mr. Pranay
Chitale, Advocates.
versus
MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents
Through: Mr. Sunil Dalal, Sr. Advocate with Mr.
Nikhil Beniwal, Ms. Shipra Bali and
Ms. Riya Rana, Advocates for
R-4 to R-6.
Mr. Arman Monga, Advocate for MC.
Ms. Shreya Jetly, Advocate (Local
Commissioner).
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 29.05.2025
1. This hearing has been done through hybrid mode. CM APPL. 34906/2025 (for direction) in LPA 301/2025
2. The present application has been filed under Section 151 of the CPC, 1908 seeking to extend the time granted for execution of local commission and submission of report, while granting interim protection in the meantime so as to prevent the Appeal from being rendered infructuous.
3. It is noticed that the local commissioner was appointed vide order dated 9th May, 2025 in the following terms:
"We, thus, appoint Ms.Shreya Jetly, a practicing Advocate [Mob No.9555114650] of this Court and an This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/06/2025 at 22:52:46 expert in the area of civil engineering to be nominated by the Director, IIT Delhi as Local Commissioners.
9. The Commissioners shall visit the farm house in question and after necessary inspection and enquiries, shall report to the Court as to whether the structure standing thereon is in conformity with the policy contained in the circular dated 17.08.2022 or not. The report of the Commission shall be submitted within fifteen days.
10. The learned counsel representing the MCD/respondent nos.1 & 2 shall co-ordinate with the Director, IIT Delhi and Ms.Shreya Jetly, Advocate as also to the parties for smooth conduct of the Commission as is being ordered by us."
4. Today, Ms. Shreya Jetly, Local Commissioner (hereafter 'LC'), submits that the commission could not be executed in terms of order dated 9th May, 2025 as the IIT, Delhi could not appoint a Civil Engineer in time.
5. Upon a query from the Court to Respondents, Mr. Arman Monga, ld. Counsel for the Municipal Corporation of Delhi submits that the Director, IIT Delhi was requested to appoint a Civil Engineer.
6. In view thereof, let the IIT Director appoint a Civil Engineer now and the time for executing the LC is extended till 30th June, 2025.
7. The Petitioner is directed to follow up with the Director, IIT for nominating a Civil Engineer speedily for enabling execution of the Commission.
8. Respondent No.4 is permitted to file its reply and documents, if any, by the next date of hearing with advance copies.
9. List on the date already fixed i.e., 8th July, 2025 for receipt of the LC report.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/06/2025 at 22:52:46
10. Copy of this order be sent to the Director IIT, Delhi for necessary information and compliance.
PRATHIBA M. SINGH, J.
RAJNEESH KUMAR GUPTA, J.
MAY 29, 2025/nd/Ar.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/06/2025 at 22:52:46