Mohammad Hanif v. Municipal Corporation of Delhi

1. The present writ petition has been filed seeking directions to set aside the Sealing Order dated 18th August, 2025, which has purportedly been signed on 04th April, 2025, by the Deputy Commissioner, City SP Zone, Municipal Corporation of Delhi (“MCD”).

2. There is a further prayer for de-sealing the petitioner’s property bearing Plot No. 1170/2, Motia Khan, Near Pipal Wali Gali, Jhandewalan, Sadar Bazar, Delhi-110006.

3. Learned counsel appearing for the petitioner draws the attention of this Court to the earlier proceedings, which had been instituted against the petitioner’s property, where, the petitioner was initially not made a party. Upon the petitioner filing an application, the petitioner was heard in the said proceedings, which were ultimately disposed of.

4. Learned counsel appearing for the petitioner further submits that writ petition being W.P.(C) 13222/2024, titled as “Mohammad Hanif Versus Municipal Corporation of Delhi & Ors.”, was filed on behalf of the petitioner herein, which was disposed of vide order dated 20th September, 2024, wherein, it was directed that an opportunity of hearing shall be granted to the petitioner herein. Further, the MCD was restrained from taking any coercive steps against the petitioner till the MCD passed an appropriate order, in compliance of the order dated 20th September, 2024.

5. Learned counsel appearing for the petitioner submits that now the Property of the petitioner has been sealed on 18th August, 2025, at about 05:00 PM. It is submitted that the said action has been taken without any prior notice, intimation or Show Cause Notice qua the action of sealing the property of the petitioner.

6. Learned counsel appearing for the petitioner submits that a hearing was granted to the petitioner pursuant to the order dated 20th September, 2024, passed by this Court. However, after the hearing, no order or finding was informed to the petitioner. It is submitted that it is only now that sealing Order dated 18th August, 2025, has been supplied to the petitioner, wherein, the signature by the concerned Deputy Commissioner is of 04th April, 2025. Thus, he submits that there is a discrepancy in the said Sealing Order.

7. Learned counsel appearing for the petitioner submits that the petitioner was earlier carrying out construction in the property in question as per the Sanctioned Building Plan, which has been revoked in the year 2021. He submits that against the said revocation of the Sanctioned Building Plan, the petitioner has already filed an appeal before the Appellate Tribunal, MCD (“ATMCD”), and the same remains pending.

8. He further submits that the petitioner be granted an opportunity to file an appeal before the ATMCD. He submits that the present petition has been filed only on account of the fact that there is no Presiding Officer in the ATMCD currently.

9. Learned counsel appearing for the petitioner further undertakes that the petitioner shall not carry out any further construction in the property in question, if the property of the petitioner is temporarily de-sealed, till appropriate orders are passed by the ATMCD.

10. Issue notice. Notice is accepted by learned counsel appearing for the respondents - MCD.

11. Learned counsel appearing for the MCD submits that the requisite action has been taken, in accordance with law, after giving due hearing to the petitioner.

12. Having heard learned counsels for the parties, at the outset, this Court takes note of the submission that after the hearing granted to the petitioner, no formal order was communicated to the petitioner before the property of the petitioner was sealed by the MCD on 18th August, 2025.

13. This Court takes note of the fact that currently there is no Presiding Officer in the ATMCD.

14. Accordingly, the petitioner is directed to file an appeal before the ATMCD within a period of four week, from today.

15. Considering the submissions made before this Court, it is directed that the property of the petitioner shall be temporarily de-sealed by the respondent-MCD, till the appeal to be filed by the petitioner before the ATMCD is taken up for hearing by the ATMCD.