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2002 Supreme(Del) 846

R.C.CHOPRA, S.B.SINHA, S.K.MAHAJAN
BAJAJ DEPARTMENTAL STORE – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent


S. B. SINHA

( 1 ) AN interesting question of law as regards jurisdiction of the municipal Corporation of Delhi (in short "mcd"), the Delhi Development authority (in short "dda") and the New Delhi Municipal Council (in short "ndmc") to seal the premises in case of a misuser is the question involved in these matters.

( 2 ) HAVING regard to the fact that a short question of law arises for consideration in this matter it is not necessary to notice the fact of the matter.

( 3 ) WE may at the outset notice that a Division Bench of this court in Rohit Talwar and Ors. v. MCD reported in 49 (1993) DLT 466 held that the Municipal Authorities have no such power.

( 4 ). Mr. A. S. Chandhiok, learned Senior Counsel, appearing as Amicus Curiae on behalf of the appellant would submit that the said decision has correctly laid down the law as therein all the relevant statutory provisions, viz. , the Delhi Municipal Corporation Act, 1957 (in short DMC Act ) and Delhi Development Act, 1957 (in short the dda acf) had been considered. Learned counsel submitted that the said judgment must be held to have been accepted by the respondents, inasmuch as, although extensive amendments have been brought about












































































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