Delhi High Court
Raisen Marketing Pvt. Ltd. vs Municipal Corporation Of Delhi & ... on 4 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9746/2022 and CM APPL. 28915/2022
Date of Decision 04/07/2022
IN THE MATTER OF:
RAISEN MARKETING PVT. LTD. ..... Petitioner
Through: Mr. Ramesh Kumar, Mr. Kapil
Wadhwa and Ms. Surya Rajappan,
Advocates.
Versus
MUNICIPAL CORPORATION OF DELHI (THROUGH
COMMISSIONER) & ANR. ..... Respondents
Through: Ms. Monika Arora and Mr.
Yogesh Panwar, Advocates for
MCD.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
JUDGMENT
MANOJ KUMAR OHRI, J. (ORAL)
1. By way of the present petition filed under Article 226 of the
Constitution of India, the petitioner has sought the following reliefs:-
"a. Pass a writ of Mandamus or a similar direction
against the Respondents to allow temporary de-sealing of
the property bearing number D-73, Ground Floor,
Malviya Nagar, New Delhi - 110017 for a period of three
(3) days allowing the petitioner to shift/remove its
existing stock to A-3/15, Asaf Ali Road, Ground Floor,
Delhi - 110002 for which excise permission has been
granted vide Order dated 08.06.2022 passed by the
Department of Excise, Govt. of NCT of Delhi;
b. Pass a writ of Mandamus or a similar direction
against the Respondents to allow the Petitioner to remove
its stock stored at the property number D-73, Ground
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
Floor, Malviya Nagar, New Delhi - 110017 from the said
property."
2. Mr. Ramesh Kumar, learned counsel for the petitioner, submits
that the petitioner was granted L-7Z Zonal licence for Retail sale of
Indian and foreign liquor (excluding country liquor) in the NCT of Delhi
on 18.08.2021, which was valid upto 31.03.2022. Thereafter, on
16.11.2021, it obtained an L-7V license to operate liquor vend at
property bearing No.D-73, GF, Malviya Nagar, Delhi (hereinafter,
referred to as the 'subject property'), where it is a tenant.
During the course of operation of its liquor vend, the petitioner
received a Show Cause Notice dated 29.11.2021 from the respondents
under Sections 343 and 344(1) of the Delhi Municipal Corporation Act,
1957, alleging unauthorized construction at the subject property in the
shape of excess coverage in deviation against the sanctioned building
plan at ground, first and second floors including covering front set back
at ground level (old and occupied). Subsequently, the property was
sealed on 31.03.2022.
3. Learned counsel for the petitioner has further submitted that vide
order dated 08.06.2022, the Deputy Commissioner (Excise-I)/Licensing
Authority has approved the petitioner's request for shifting of stock from
the subject property to property bearing No.A-3/15, Asaf Ali Road,
Ground Floor, Delhi - 110002. A copy of the said order has been
annexed to the present petition as Annexure 10.
Learned counsel has prayed that in case the subject property is
temporarily de-sealed by the respondent/Corporation, the petitioner
would be able to shift the stock lying therein to the newly allotted
premises. He also prays that since the quantity of inventories lying at the
subject property is large and the license of the petitioner is due to expire
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
on 31.07.2022, sufficient time may be granted to shift the
stock/inventories.
4. Issue notice.
5. Ms. Monika Arora, learned counsel for the respondents, accepts
notice and, on instructions, submits that since the requisite permission
has already been granted to the petitioner by the Excise Department, the
answering respondents have no objection to the request made.
6. Accordingly, with the consent of the parties, it is directed that the
subject property be temporarily de-sealed by the respondents on
11.07.2022 at 11:00 a.m. and re-sealed thereafter on 13.07.2022 at 04:00
p.m.
7. With the above direction, the writ petition is disposed of.
Miscellaneous application is disposed of as infructuous.
(MANOJ KUMAR OHRI)
JUDGE
JULY 04, 2022
ga
Signature Not Verified
Digitally Signed
By:SANGEETA ANAND
Signing Date:06.07.2022
10:50:43
