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MANMEET PRITAM SINGH ARORA
Hemant Chandra Sharma – Appellant
Versus
New Delhi Municipal Council – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 64921/2023
1. This is an application filed by the Petitioner under Section 151 of Code of Civil Procedure, 1908 (`CPC') seeking alternative prayers which are reproduced as under:
"(a) to de-seal the Premises No. E-1, Radial Road & Middle Circle, E- Block, Connaught Place, New Delhi - 110001 subject to furnish of an "Undertaking" before the Hon'ble Court that Petitioner will not carry out "Repairs & Renovations" in the premises in question till the time Respondent / NDMC / HCC sanction - approve the permission and allow the Petitioner to carry out Repairs & Renovations in the premises in question;
OR IN ALTERNATIVE
To permit the Petitioner to challenge the legality and validity of Sealing Order No. D/368-69/EE(E-BR) 2023 dated 20.05.2023 as was challenged in Appeal No. 582/ATMCD/2023 before Ld. ATMCD;
(b) pass any other relief which this Court may deem fit and proper in the facts and circumstances of the present case."
(Emphasis Supplied)
2. Learned counsel for the Petitioner states that the application filed before the Respondent for carrying out repairs and renovation has been rejected and therefore, the Petitioner has been left reme
The court has the discretion to decline certain prayers while allowing alternative reliefs, taking into account the avoidance of multiplicity of proceedings.
The court affirmed that sealing properties during repairs is justified under statutory rights, emphasizing compliance with prior repair orders via contempt jurisdiction.
The court ruled that the petition was satisfied as the flat in question had been permanently de-sealed by the MCD.
The High Court emphasized the necessity of using the statutory remedy of the Appellate Tribunal for issues related to property sealing and deviations, granting interim protection for two weeks.
The court's decision was based on the application of Section 151 of CPC and the need to address discrimination and inaction by the respondent.
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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