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2025 DAILYLAW 43839 (DEL)

MRS. MAHJABEEN JALIL v. MUNICIPAL CORPORATION OF DELHI & ORS.

LPA/374/2025 · 2025-05-29

Devendra Kumar Upadhyaya, Tushar Rao Gedela

body2025

Judgment text

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$~58 * IN THEHIGH COURTOF DELHIAT NEW DELHI + LPA 374/2025 MRS. MAHJABEEN JALIL .....Appellant Through: Mr. Rajshekhar Rao and Mr. Gautam Narayan, Senior Advocates with Ms. Asmita Singh, Ms. Disha Joshi, Mr. Anirudh Anand and Mr. Sohail Khan, Advocates. versus MUNICIPAL CORPORATION OF DELHI & ORS......Respondents Through: Mr. Sanjeev Sabharwal, Standing Counsel for MCD and SPC for UOI. Mr. T. Singhdev and Ms. Yamini Singh, Advocates for IIT Delhi. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 09.07.2025 CM APPL. 39692/2025 1. By means of the order dated 29.05.2025, the instant Letters Patent Appeal was disposed of by modifying the order dated 15.05.2025 passed by the learned Single Judge. 2. The Court provided that the appellant shall submit her objection to the second report, submitted by the experts from the Indian Institute of Technology(“IIT”), after serving a copy thereof upon the learned counsel for the Municipal Corporation of Delhi (“MCD”)/respondent no.1who may thereafter file its response. 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 15/07/2025 at 11:22:10 3. The reply/objection to the second report, submitted by the experts of IIT, has been filed by appellant before thelearned Single Judge and now this application has been moved on behalf of MCD with the prayer to direct IIT, Delhi to provide information sought by the MCD for the purpose of filing a reply to the objections filed by the petitioner. 4. In terms of our earlier order dated29.05.2025, the order passed by the learned Single Judge on 15.05.2025 was modified by providingthatappellant shall file her reply/objection to the report submitted by IIT, and thereafter, MCD may file its response, if any, to such reply/objection.The experts from IIT have submitted their report under the orders of the Court and, therefore, have performed the task assigned to them by the Court.It is for the MCD to evaluate the reply/objection filed by the appellant to the said report and respond to the same with the aid of its own concerned departments. 5. Allowing the prayer made in this application would amount to dragging IIT into the lis which essentially exists between the appellant and MCD. 6. Accordingly, we are not convinced with the prayer madein this application, andthe same is hereby rejected. DEVENDRA KUMAR UPADHYAYA, CJ ANISH DAYAL, J JULY 9, 2025 yrj 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 15/07/2025 at 11:22:10