VIPIN SANGHI, J. (Oral)

.1. Byway of this writ petition the petitioner impugns the order of sealing passed under Section 250 of the New Delhi Municipal Council Act, 1994 by the respondent on 27.06.2008 in respect of the petitioner”s premises i.e. Choudhary Guests House situated at H-35/3, Connuaght Place, New Delhi. The impugned order reads as follows:- “Whereas the undersigned is satisfied that the following unauthorized construction has been carried out at Premises No. Choudhary Guest House, H-35/3, Connaught Place, New Delhi, 1. Constructed multi storeyed structure i.e. Ground Floor, 1st Floor, IInd Floor and Porta cabin at Trace Floor in an area m.a. 2,644 sq. ft. (area “ of a circle) made of brick work and RCC slab and bifurcated the whole structure into small chambers by running Guest House, Shops, Courier Services, Photostat Shops etc. in the Premises No.H-35/3, Connaught Place, unauthorizedly without prior approval of NDMC. And whereas it has

.become necessary for the purpose of carrying out the provisions of the New Delhi Municipal Council Act 1994 for preventing any dispute to the nature and extent of such erection of work. I, the undersigned by virtue of the powers vested in me under section 250 of the above said Act, hereby authorized Sh. Brij Kumar, AE(UC) under NDMC (Sealing of unauthorized construction) Rules read with Section 250 of the NDMC Act, 1994 and direct him to seal the such premises as per rules. The said Sh. Brij Kumar, AE(UC) is also hereby authorized to break or open the lock or open or caused to be opened any door, gate or any barrier in case the said premises are found to be locked or inaccessible and after completion of Sealing action to inform in writing the Area Police Station and the undersigned.”

2. The submission of learned senior counsel for the petitioner, Mr. Sethi, is that the impugned order is vague, inasmuch as, while alleging the raising of unauthorized construction the order does not state as and when the so called unauthorized construction was raised, and which portion of the construction, according to the respondent, is unauthorized. He also refers to the show cause notice issued by the respondent which preceded the issuance of the impugned order. The relevant part of the show cause notice reads as follows:- “It has come to the notice of the New Delhi Municipal Council during the survey of the area as per direction of Monitoring Committee in the matter of Kalyan Sanstha Social Welfare Organization Vs. U.O.I. and ORS. CW No.4582 of 2003 that you have begun, or carrying on, or have completed the construction as described in Schedule “A” given below at Premises No.H-35/3 Connaught Place, New Delhi without obtaining the approval from the Chairperson, NDMC as required under provisions of the New Delhi Municipal Council Act, 1994 and the Byelaws made thereunder:” xx xx xx xx xx xx “You are hereby required to show cause within ten days of the receipt of this notice as to why order for sealing of the aforesaid unauthorized construction and/or the premises in which such unauthorized construction is being carried on/has been completed be not made. In case you fail to show the cause within the aforesaid time or the cause shown is not to the satisfaction of the Chairperson, NDMC or any other officer authorized by him/her in this behalf, the order of sealing of the unauthorized construction aforesaid and/or the premises in which such unauthorized construction is being carried on/has been completed, shall be made without any further notice. This is being monitored by the Court Commissioner and Monitoring Committee appointed by the Hon”ble High Court of Delhi.”

3. Mr. Sethi submits that the property of the petitioner has been in existence since prior to the year 1992. He refers to the `No Objection Certificate” issued by the fire service department dated 28.12.1992, which shows the existence of a guest house with 7 rooms- three rooms on the ground floor and four on the first floor, along with t

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