Jyoti Jain v. Municipal Corporation of Delhi & Anr.

1. The present writ petitions have been filed seeking directions for desealing of the properties bearing Nos. 226-227, Gali Kunjas, Dariba Kalan, Chandni Chowk, Delhi.

2. Learned counsel appearing for the petitioners submits that the aforesaid properties were sealed without any prior intimation, Show Cause Notice or hearing to the petitioner.

3. Thus, it is submitted that the petitioners are not aware as to why sealing action has been taken by the Municipal Corporation of Delhi (“MCD”).

4. Learned counsel appearing for the petitioners further submits that since the said properties were not being used by the petitioners, the petitioners are not aware as to when the said properties were sealed.

5. Per contra, learned counsels appearing for the MCD, on advance notice, submit that the said properties were sealed on account of unauthorized construction after following the due process, in accordance with law.

6. At this stage, learned counsel appearing for the petitioners submits that he may be granted liberty to make a representation to the concerned official of the MCD praying for de-sealing of the properties.

7. He further submits that the petitioners undertake that they shall remove any unauthorized construction or excess coverage or deviation, in terms of the direction of the MCD.

8. He further submits that in case required, the petitioners shall also file application for regularization of the properties in question. He further submits that the petitioners undertake that they shall duly follow all the directions as issued by the MCD with regard to any unauthorized construction existing in the properties and shall use the property in conformity with the prevalent law.

9. Having heard learned counsels appearing for the parties, liberty is granted to the petitioners to move an appropriate application before the Deputy Commissioner, City SP Zone, MCD for the purposes of temporary de-sealing of the properties in order to carry out rectification, in terms of any directions that may be issued by the MCD.

10. Further, in case any application for regularization is filed by the petitioners, the same shall be duly considered by the MCD, as per its policy and law.

11. The petitioners are enjoined upon to comply with any directions that may be issued by the MCD for the purposes of regularization of their properties.

12. After the deviations/excess coverage/unauthorized construction are/is removed by the petitioners, the MCD shall duly inspect the properties and satisfy itself in that regard.

13. In case, the MCD is satisfied as regards the removal of the unauthorized construction and non-compoundable deviations/excess coverage, the MCD may proceed to pass appropriate orders for de-sealing of the properties, in accordance with law.

14. With the aforesaid directions, the present writ petitions, along with the pending applications, are accordingly disposed of. MINI PUSHKARNA, J OCTOBER 31, 2025