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DELHI HIGH COURT
SANJEEV SACHDEVA
Raj Kumar – Appellant
Versus
Delhi Waqf Board – Respondent
| Table of Content |
|---|
| 1. petition for de-sealing premises (Para 1) |
| 2. arguments regarding sealing and sub-letting (Para 2 , 3 , 4) |
| 3. acceptance of undertaking (Para 5) |
| 4. disposition of petition (Para 6) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a declaration that the seal placed by the respondent on shop Nos. 1462-63, Lal Masjid, Dariba Kalan, Delhi has been illegally put and further seeks a direction to de-seal the premises.
2. Learned counsel appearing for the respondent on 17.02.2022 had sought time to take instructions.
3. It is informed by learned counsel for the respondent that submits that the seal has been removed. He submits that there is an apprehension that petitioner has sub-let the premises or is likely to sub-let the premises.
4. Learned counsel for the petitioner under instructions undertakes that petitioner has neither sub-let the premises nor intends to sub-let the same to any third party.
5. The undertaking is accepted.
6. Since the property has been de-sealed, no further orders are called for in the petition. Petition is accordingly disposed of.
Undertakings by parties can effectively resolve legal disputes, allowing for the dismissal of petitions when primary issues are adequately addressed.
The court affirmed the necessity of a personal hearing before administrative decisions regarding de-sealing are made, emphasizing the importance of due process.
Municipal corporations must expeditiously consider applications for de-sealing properties in accordance with prevailing laws, requiring such applications to be submitted first.
The court ruled that the petition was satisfied as the flat in question had been permanently de-sealed by the MCD.
Lack of legal standing to challenge a lease agreement when the petitioner has no ownership or leasehold interest in the property.
Court permits retrieval of tenant's belongings from sealed illegal construction premises upon owner's NOC.
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.
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