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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Anwar Hussain Malik - Appellant
Versus
South Delhi Municipal Corporation - Respondent
W.P.(C) 1581 of 2022 & CM Appl. 4500 of 2022
Decided On : 27-01-2022
| Table of Content |
|---|
| 1. petitioner's intent to de-seal property. (Para 2 , 3) |
| 2. procedure for de-sealing application considered. (Para 4 , 5 , 6) |
| 3. court's directive on application processing. (Para 7 , 8 , 9 , 10) |
JUDGMENT
Sanjeev Sachdeva, J. The hearing was conducted through video conferencing.
2. Petitioner seeks de-sealing of his property bearing No. 111-D, Munirka Village, New Delhi.
3. Learned counsel for the petitioner submits that earlier petitioner had permitted one of his relatives to use the premises and without his knowledge the same was being misused and was sealed. He submits that the petitioner intends to use the property only for permissible purpose.
4. Perusal of the paper book shows that the petitioner does not seem to have applied to the Corporation for de-sealing of the subject property.
5. Mr. A.K. Jain, Assistant Engineer, South Zone who is also connected submits that no application has been received by the Corporation for the purposes of de-sealing.
6. He further submits that in case an application is file in accordance with law, the same shall be considered expeditiously and appropriate order would be passed thereon.
7. In view of the above, this petition is disposed of permitting the petitioner to file an application with the municipal corporation for de- sealing of the subject property.
8. Respondent-Corporation is directed to consider the application expeditiously in accordance with law and pass appropriate orders thereon.
9. Petition is disposed of in the above terms. All rights and contentions of the parties are reserved.
10. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
AI
Municipal corporations must expeditiously consider applications for de-sealing properties in accordance with prevailing laws, requiring such applications to be submitted first.
The High Court will not entertain a Writ Petition when alternative remedies are available through administrative bodies like the Monitoring Committee.
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 affirmed the necessity of a personal hearing before administrative decisions regarding de-sealing are made, emphasizing the importance of due process.
Undertakings by parties can effectively resolve legal disputes, allowing for the dismissal of petitions when primary issues are adequately addressed.
The court emphasized the importance of granting an opportunity for a hearing and providing a chance for legal recourse in case of any further cause of sealing, without expressing any opinion on the m....
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