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DELHI HIGH COURT
SANJEEV SACHDEVA
Sukhesh Chand Gupta – Appellant
Versus
New Delhi Municipal Council – Respondent
| Table of Content |
|---|
| 1. petitioner's ownership and renovation requests. (Para 2 , 3 , 4 , 5 , 6 , 7 , 12 , 14 , 15) |
| 2. petitioner's defense against unauthorized construction claims. (Para 17 , 18 , 19 , 20 , 21) |
| 3. court's analysis of load-bearing wall claims. (Para 22 , 23 , 27 , 28 , 30 , 31 , 32 , 39 , 40) |
| 4. legal requirements under the ndmc act. (Para 34 , 35 , 36 , 38) |
| 5. quashing of the sealing order. (Para 41 , 42) |
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
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.
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 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 affirmed the necessity of a personal hearing before administrative decisions regarding de-sealing are made, emphasizing the importance of due process.
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