Delhi High Court
Hemant Chandra Sharma vs New Delhi Municipal Council on 14 December, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.12.2023
+ CM(M) 1605/2023
HEMANT CHANDRA SHARMA ..... Petitioner
Through: Mr. Arun Maitri and Ms. Radhika,
Advocates
versus
NEW DELHI MUNICIPAL COUNCIL ..... Respondent
Through: Mr. Sanjay Sharma, ASC with Mr.
Dasman Sethi, Advocate
%
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMEET PRITAM SINGH ARORA, J (ORAL):
1. This is an application filed by the Petitioner under Section 151 of
Code of Civil Procedure, 1908 ('CPC') seeking alternative prayers which
are reproduced as under: -
"(a) to de-seal the Premises No. E-1, Radial Road & Middle Circle, E-
Block, Connaught Place, New Delhi - 110001 subject to furnish of an
"Undertaking" before the Hon'ble Court that Petitioner will not carry out
"Repairs & Renovations" in the premises in question till the time
Respondent / NDMC / HCC sanction - approve the permission and allow
the Petitioner to carry out Repairs & Renovations in the premises in
question;
OR IN ALTERNATIVE
To permit the Petitioner to challenge the legality and validity of Sealing
Order No. D/368-69/EE(E-BR) 2023 dated 20.05.2023 as was
challenged in Appeal No. 582/ATMCD/2023 before Ld. ATMCD;
(b) pass any other relief which this Court may deem fit and proper in the
facts and circumstances of the present case."
(Emphasis Supplied)
2. Learned counsel for the Petitioner states that the application filed
before the Respondent for carrying out repairs and renovation has been
rejected and therefore, the Petitioner has been left remediless.
3. This Court is not inclined to entertain prayer 'a', whereby the
Petitioner is seeking a direction to the Respondent to de-seal the premises.
4. However, this Court is inclined to allow the alternative prayer in the
application, seeking leave to revive Appeal No. 582/ATMCD/2023 which
was initially filed against the sealing order dated 20.05.2023 passed by the
Respondent herein.
5. It is a matter of record that the said appeal was disposed of on
21.09.2023 on the statement made by the Petitioner herein, without deciding
the same on merits.
6. Accordingly, the said alternative prayer is allowed and the order of
the Appellate Tribunal Municipal Corporation of Delhi ('ATMCD') dated
21.09.2023 disposing of the Appeal No. 582/ATMCD/2023 is hereby set
aside and the appeal is restored to its original number.
7. The parties are directed before ATMCD on 21.12.2023.
8. Learned counsel for the Respondent states that the Petitioner has filed
two separate writ petitions i.e., W.P.(C) Nos. 13477/2023 and 13705/2023
on the same cause of action and the sealing order dated 20.05.2023 is also a
subject matter of challenge in the said writs. He states that, therefore, this
will lead to multiplicity of proceedings.
9. In reply, learned counsel for the Petitioner states that he undertakes to
this Court that since his statutory right of appeal is being restored, he will
withdraw W.P.(C) 13477/2023 on the next date of listing before the
concerned Court. The statement of the Petitioner is taken on record and he is
bound down to the same.
10. He states that W.P.(C) 13705/2023 already stand dismissed vide order
dated 17.10.2023. The said statement is taken on record.
11. Accordingly, the application stands disposed of.
CM(M) 1605/2023
12. In view of the orders passed in CM APPL. 64921/2023, the petitioner
does not press for any further relief.
13. Accordingly, the present petition along with pending applications are
disposed of.
14. The date of 10.01.2024 stands cancelled.
MANMEET PRITAM SINGH ARORA, J
DECEMBER 14, 2023/msh/aa
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