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SANJEEV SACHDEVA
Sukhesh Chand Gupta – Appellant
Versus
New Delhi Municipal Council – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral). - The hearing was conducted through video conferencing.
2. Petitioner seeks quashing of order dated 26.07.2021 whereby the respondent - New Delhi Municipal Council (NDMC for short) has sealed shops Nos. 43, 44-45 and 46 located within Plot No.1, Bengali Market, New Delhi. Petitioner further seeks a direction to respondent No.1 to de-seal the subject premises.
3. The case of the petitioner is that petitioner is the owner of entire plot No.1, Bengali Market of which, subject four shops are a part. As per the petitioner the four shops were separated from each other with wooden partitions in front portion and with permanent wall partition at the rear portion.
4. It is contended that the Shop No.46 was under the illegal occupation of the sons of Mr. Gulzari Lal and Mr. Gulzari Lal was in possession of the subject premises as a tenant since the year 1970s. It is submitted that the possession of shop No. 46 was obtained from the legal heirs of Mr. Gulzari Lal through orders of the Court after prolonged litigation.
5. It is contended that petitioner has let out the subject four shops to HDFC Bank for the purposes of opening a branch. It is contended that HD
The main legal point established in the judgment is that the removal of internal partition walls, which are not load bearing, does not require prior permission under the building bye laws.
Sealing orders related to building renovations cannot stand if there is insufficient evidence of load-bearing walls, and if the work conforms to building bye-laws.
Sealing of unauthorised construction does not require a written order if a previous sealing order exists. Petitioners' lack of clean hands can lead to dismissal of their petition.
The court established that the exercise of sealing powers under the Municipalities Act must be proportional to the alleged violations, and minor renovations do not warrant such extreme measures.
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