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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Sunita Aggarwal – Appellant
Versus
Yogesh Garg – Respondent
| Table of Content |
|---|
| 1. procedural history regarding property sealing. (Para 1 , 3 , 4) |
| 2. challenge to re-sealing property after repairs. (Para 2 , 6) |
| 3. observations on contempt proceedings. (Para 5 , 7) |
| 4. right to challenge government actions. (Para 8) |
| 5. procedural instructions and assurance. (Para 9 , 10 , 11 , 12) |
JUDGMENT
The appeal has been heard by way of video conferencing.
C.M.No.9626/2021
Allowed, subject to all just exceptions
Application stands disposed of.
Cont.APP.(C) No.1/2021 & C.M.No.9625/2021
1. Present appeal has been filed challenging the common order dated 11th February, 2021 passed by the learned Single Judge in Cont. Case (C) 806/2020 (filed by the appellant herein) and Cont. Case 819/2020 (filed by the respondents herein), whereby the Court has directed that the appellant's property shall be re-sealed after carrying out repairs.
2. Learned counsel for the appellant submits that the observation made by the learned Single Judge that no repair work could be carried out without de-sealing was correct and favorable to the appellant. However, according to him, the direction to further re-seal the property after carrying out the repair work was not require
The court affirmed that sealing properties during repairs is justified under statutory rights, emphasizing compliance with prior repair orders via contempt jurisdiction.
The court has the discretion to decline certain prayers while allowing alternative reliefs, taking into account the avoidance of multiplicity of proceedings.
The court addressed the issue of alleged violation of a court order, contempt of court, and the requirement for disclosure of details related to the property in question.
A property owner can seek de-sealing and regularization for unauthorized constructions, provided rectifications comply with building bye-laws, per the court's directive.
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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