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DELHI HIGH COURT
PRATHIBA M.SINGH
Raj Mukesh – Appellant
Versus
Sub-Divisional Magistrate, Kanjhawala, Govt. of NCT Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to sealing memo issued by authorities. (Para 2 , 3 , 4) |
| 2. defense regarding tenant's actions causing violation. (Para 5) |
| 3. directions issued for inspection and future actions. (Para 6 , 7) |
| 4. petition disposed; merits not examined. (Para 8) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
2. The present petition has been filed challenging the "Sealing memo" dated 20th August, 2019, that has been issued by the Sub Divisional Magistrate against the Petitioner's property, in view of the directions given by the Delhi Pollution Control Committee (hereinafter, "DPCC").
3. The Petitioner, claims to be the owner of property bearing no. Khasra No. 142 (plot no. 842), Village Kanjhawala, Delhi-110081. He had entered into a rent agreement on 20th February, 2019 with one Mr. Ravi Kant for use of two rooms in the said property, for residential purposes. The Petitioner's grievance in this petition is that a sealing memo has been issued on 28th August, 2019, and a show cause notice has been issued against him on 21st December, 2020 vide which it has been recorded that the DPCC has imposed an amount of Rs. 2,00,000/-upon t
Natural justice requires that a party must be afforded a hearing before penalties are imposed, ensuring fair procedure in administrative actions.
The High Court will not entertain a Writ Petition when alternative remedies are available through administrative bodies like the Monitoring Committee.
The court ruled that a landowner cannot be penalized for a tenant's violation of environmental laws if the owner is not involved in any criminal or harmful activity, affirming the necessity of jurisd....
A court may order de-sealing of premises conditioned upon payment of admitted rent arrears to resolve landlord-tenant disputes.
The Monitoring Committee's order permitting permanent de-sealing subject to payment of penalty charges prevails, and the petitioner's remedy lies in approaching the Monitoring Committee or the Suprem....
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