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2025 Supreme(Del) 102

IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J.
Laxmi Wagav – Petitioner
Versus
Municipal Corporation of Delhi and ors. – Respondents
W.P. (C) 15252/2024 & CM APPL. 73859/2024 
Decided on : 28-03-2025

Advocates Appeared:
For the Appellant : Mr. Siddhartha Kumar Wagav
For the Respondent:Mr. Kapil Dutta with Mr. Vansh Luthra, Advocates for MCD. Mr. Nishant Gautam, CGSC with Mr. Dhruv Joshi, Mr. Vinay Kaushik, Mr. Vipul Verma and Mr. Prithvi, Ms. Shilpa Ohri

The court ruled that the petition was satisfied as the flat in question had been permanently de-sealed by the MCD.

Headnote:(A) Statutory obligations - The petitioner sought directions for the temporary de-sealing of a flat above their own, which had been permanently de-sealed by the Municipal Corporation of Delhi (MCD) on 17th January, 2025 - The court noted that the owner had rectified deviations before de-sealing. (Paras 1-8)

(B) Writ Petition - The court acknowledged that the only remaining prayer was for de-sealing, which had been satisfied by the MCD's action.

Findings of Court:
The petitioner's request for de-sealing was fulfilled as the flat was permanently de-sealed.

Issues: The main issue was whether the statutory obligations regarding the de-sealing of the flat were met.

Ratio Decidendi: The court concluded that since the flat had been de-sealed, the petition was rendered moot.

Result: Writ petition disposed of as satisfied.

ORDER :

1. The present writ petition has been filed seeking directions to the respondent nos. 1 and 2 to fulfil their statutory obligations by temporary de-sealing the DDA Flat No. C-2/2008, Vasant Kunj, New Delhi-110070, which is above the flat of the petitioner, i.e., DDA Flat No. C-2/2006, Vasant Kunj, New Delhi-110070.

2. Today, learned counsel appearing for the respondent/Municipal Corporation of Delhi (“MCD”), hands over a copy of an order dated 17th January, 2025, issued by the Building Department-II, South Zone, Green Park, MCD, to submit that the flat in question, i.e., Flat No. C-2/2008, Vasant Kunj, New Delhi-110070, existing above the flat of the petitioner, has already been permanently de-sealed vide order dated 17th January, 2025.

3. The said order dated 17th January, 2025, is taken on record. The same reads as under:

4. Learned counsel appearing for the respondent/MCD submits that various opportunities were given to the owner/occupier of Flat No. C- 2/2008, Vasant Kunj, New Delhi-110070, to rectify the various deviations. It was only after the deviations were rectified by the owner/occupier of Flat No. C-2/2008, Vasant Kunj, New Delhi-110070, that the flat in question has been permanently de-sealed.

5. This Court records that vide order dated 29th October, 2024, the petitioner had already given up prayer (b) with respect to seeking compensation.

6. Thus, the only prayer which remains before this Court is with respect to the de-sealing of the DDA Flat No. C-2/2008, Vasant Kunj, New Delhi-110070.

7. Since the said flat has already been de-sealed, the prayer made in the present petition, stands satisfied.

8. Accordingly, the present writ petition is disposed of, as having been satisfied.

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