The Supreme Court heard a plea concerning the sealing of a basement office space purchased and operated by a group of lawyers in Greater Kailash-I, New Delhi. The matter was placed before a Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran.

The applicants, represented by Senior Advocate Guru Krishna Kumar, approached the Apex Court challenging a 2019 order of the Monitoring Committee that directed the sealing of their basement chambers. The space had been acquired for establishing legal offices but was sealed following complaints of unauthorised construction.

According to the applicants, a resident of the same building lodged a complaint before the South Delhi Municipal Corporation (SDMC), alleging that illegal construction activities were being carried out in the basement. Subsequently, the complainant approached the Delhi High Court by way of a writ petition. In October 2018, the High Court directed the complainant to place the matter before the Monitoring Committee, which, in November 2019, ordered the sealing of the premises.

Challenging this decision, the aggrieved lawyers filed an application under the M.C. Mehta batch of petitions, seeking directions to the SDMC to de-seal the property and permit its use as a professional office space. They also urged the Court to set aside the sealing order dated November 20, 2019.

The Supreme Court had earlier granted interim relief in 2019, permitting the applicants to continue operating their office until the next hearing. However, the matter remained pending through the COVID-19 period, and settlement efforts failed. On September 13, 2022, the Court transferred all pending interlocutory applications relating to sealing orders passed by the Monitoring Committee to a newly constituted Judicial Committee.

During earlier hearings, the Bench also took note of an affidavit submitted by the Municipal Corporation of Delhi (MCD), which pointed to multiple structural irregularities and violations of construction norms in the building. The Court observed that proceedings concerning these violations were ongoing before the competent authorities and directed that the present matter be taken up at an appropriate stage.

During the proceedings, the Court directed Amicus Curiae, Senior Advocate Anita Shenoy, to submit a detailed report on the issue before the next hearing. The matter is now scheduled for further consideration on October 27.

 

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Siddharth Raghuvanshi