Full Text
Date of Decision: 15th September, 2025
AMBER BAWA THROUGH ITS POA HOLDER M.S.
BAWA .....Petitioner
Through: Mr. Shobhit Garg and Mr. Aayush Malhotra, Advs. (Through VC)
Through: Mr. Ashutosh Gupta, Adv. for MCD
JUDGMENT
1. The present writ petition has been filed challenging the sealing of the Unit Nos. S-1 and S-2 (front unit of second floor), F-3 and F-4 (rear unit of first floor) of the property bearing No. D-32, NDSE Part-I, New Delhi- 110049, by the Municipal Corporation of Delhi (“MCD”).
2. Learned counsel appearing for the petitioner draws the attention of this Court to the order dated 17th October, 2022, passed by the Monitoring Committee, wherein, the property in question has been directed to be permanently de-sealed. The order dated 17th October, 2022, passed by the Monitoring Committee, reads as follows:
3. Learned counsel appearing for the petitioner also draws the attention of this Court to the order dated 10th April, 2017, passed by the Appellate Tribunal, MCD (“ATMCD”), in Appeal No. 609/ATMCD/2013, wherein, it has been directed as follows: “xxx xxx xxx xxx xxx xxx”
4. Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD, who submits that the present writ petition is not maintainable, as the petitioner is required to approach the Monitoring Committee with a prayer for de-sealing of the premises in question. He further submits that the petitioner has not approached the MCD yet.
5. Having heard learned counsels appearing for the parties, this Court notes that in the present matter, the petitioner has already approached the Monitoring Committee, which, by its order dated 17th October, 2022, has already directed the de-sealing of the property in question.
6. Further, vide order dated 10th April, 2017, passed by the ATMCD, there are orders for de-sealing of the property in question in favour of the petitioner. Therefore, the petitioner is not required to approach the Monitoring Committee again.
7. It is to be noted that the present writ petition has been filed only with a view to implement the orders passed by the Monitoring Committee and the ATMCD, wherein, directions have been given for de-sealing of the property of the petitioner. Therefore, the present writ petition would be maintainable before this Court.
8. Considering the fact that there are already directions by the Monitoring Committee and the ATMCD for de-sealing of the property of the petitioner, it is directed that the petitioner shall forthwith make a representation to the Deputy Commissioner, MCD, Central Zone.
9. The petitioner shall comply with all the directions of the MCD and shall complete all the compliances, including, payment of any fees/penalties, as may be directed by the MCD.
10. Upon the petitioner meeting all the compliances and fulfilling all the directions as may be issued by the MCD, the MCD shall proceed to do the needful for de-sealing of petitioner’s property.
11. With the aforesaid directions, the present writ petition, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J SEPTEMBER 15, 2025