Delhi High Court
Amit Goel vs South Delhi Municipal ... on 3 February, 2021
$~12
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 03.02.2021
+ W.P(C) 1182/2021 & CM APPL.3331/2021
AMIT GOEL ..... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION .....Respondent
Advocates who appeared in this case:
For the Petitioner: Mr. Sagar Aggarwal, Advocate.
For the Respondent: Mr. Mukesh Gupta, Advocate.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction to the respondent to de-seal part of
shops Nos.44, 45 and 46, Local Shopping Complex, Sheikh Sarai,
Phase-II, New Delhi-110017.
3. Learned counsel for the petitioner contends that petitioner has
already filed an appeal before the Appellate Tribunal MCD (ATMCD
for short) which is pending. He submits that the ground of sealing was
that petitioner had amalgamated the three shops besides certain
alleged unauthorised constructions.
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:04.02.2021 18:22:57 W.P(C) 1182/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
4. Learned counsel submits that in so far as the issue of
amalgamation is concerned, ATMCD permitted the petitioner to
approach the DDA for necessary permission. He submits that DDA by
its letter dated 24.09.2019 has permitted amalgamation of the three
shops in terms of its circular dated 06.05.2008.
5. Learned counsel submits that the requisite charges demanded
by DDA have already been paid to DDA. He submits that despite the
same, respondent South Delhi Municipal Corporation is not de-sealing
the shops. He submits that he has also given a representation dated
28.11.2019 which is still pending.
6. Learned counsel appearing for the respondent - South Delhi
Municipal Corporation under instructions submits that the
representation of the petitioner is pending and the same shall be
disposed of within a period of three weeks after granting a personal
hearing to the petitioner.
7. Accordingly, petitioner shall appear before the Deputy
Commissioner on 05.02.2021 at 2.00 p.m.. The Deputy Commissioner
shall hear the petitioner/his authorized representative on the said date
or thereafter and then dispose of the representation by a speaking
order within a period of three weeks from today.
8. Petitioner is permitted to produce additional documents and
material at the time of the hearing.
9. It is clarified that this is without prejudice to the rights and
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:04.02.2021 18:22:57 W.P(C) 1182/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
contentions of the parties and without prejudice to the proceedings
pending before the ATMCD.
10. All rights and contentions of parties are reserved.
11. Petition is disposed of in the above terms.
12. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
FEBRUARY 03, 2021
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:04.02.2021 18:22:57 W.P(C) 1182/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
