Full Text
W.P.(C) 8764/2015 ^
SAURABH JAIN Petitioner
Through: Mr. AnuragJain, Adv.
Through: Mr. Ajay Arora and Mr. Kapil Dutta, Advs.
11.09.2015 CM No.19354/2015 (for exemption^
ORDER
1. Allowed, subject tojust exception.
2. The application is disposed of. W.P.(C) 8764/2015 «& CM No.19353/2015 (for directions!
3. The petition has been received after lunch, for the reason ofthe Roster Bench ofJustice V.P. Vaish being onleave.
4. The petition impugns the sealing by the respondent North Delhi Municipal Corporation (NrDMC) of Shop No.102 on the first floor of property No.1526, Bhagirath Palace, Chandni Chowk, Delhi of the petitioner. The petitioner has availed of the statutory remedy of appeal before the Appellate Tribunal, Municipal Corporation of Delhi (ATMCD) but owing to the Presiding Officer ofthe ATMCD not having the requisite W.P.(C) 8764/2015 Page I of[2] 2015:DHC:11419 powers, the application for interim relief filed with the said appeal could not be taken up for consideration; hence this petition seeking de-sealing ofthe shop during the pendency ofthe appeal.
5. The powers in favour of the Presiding Officer of the ATMCD are likely to be notified today and it is expected that the ATMCD would be fiinctional from Monday i.e. September, 2015.
6. The counsel for the respondent NrDMC appearing on advance notice also informs that the said shop was sealed on 4^'' September, 2015 in pursuance to the order dated 2"^^ September, 2015 in W.P.(C) No.8459/2015 titledShri Nath Ji Developers Vs. NDMC.
1. Inthat view ofthe matter, it is deemed appropriate that the prayer for interim de-sealing oftheshop bealso heard bytheATMCD.
8. The petition is accordingly disposed ofwith liberty to the petitioner to apply for revival, if the Notification vesting powers in favour ofthe ATMCD is not issued by 16^*^ September, 2015.
SEPTEMBER 11, 2015 bs.. W.P.(C) 8764/2015 RAJIV SAHAIENDLAW, J. Page 2 of[2] Dr->,