High Court of DelhiW.P.(C)/1579/2024

Suhana v. Municipal Corporation Of India

2025-10-28Hon'Ble Ms. Justice Mini Pushkarna6 pages

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1579/2024 & CM APPL. 6579/2024 SUHANA .....Petitioner Through:

None versus MUNICIPAL CORPORATION OF INDIA .....Respondent Through:

Mr. Kaushal Kishore, Mrs. Vidya Santosh Guleria, Ms. Vidya Bhushan Sing and Mr. Basheer Ahmad Mohd.

Khan, Advs.

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 28.10.2025 1.

The present writ petition has been filed seeking quashing of the impugned order dated 31st May, 2023, passed by Office of Deputy Commissioner, Narela Zone, Municipal Corporation of Delhi ("MCD"), vide which the respondent has sealed the property bearing H. No. E-90, J.J. Colony, Bawana Delhi-110039.

A counter affidavit has been filed on behalf of respondent MCD, wherein it is stated as follows:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

xxx xxx xxx"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Perusal of the aforesaid reply filed on behalf of the MCD clearly shows that the sealing action was undertaken by the MCD in terms of the directions and guidelines as pronounced by the Supreme Court in the case of "M.C. Mehta Versus UOI", wherein, it was directed that any property which has been occupied or has been used for a purpose which is not sanctioned, would fall within the ambit of misuse of premises. 4.

It is further seen from the reply of the MCD that contraband had been recovered from the property in question by the investigating agencies, and an FIR to that effect has also been lodged.

Further, it is the case of the MCD that they had duly served a Show Cause Notice upon the petitioner, to which no reply was received. 6.

This Court also takes note of the submissions made by learned counsel appearing for the MCD that if the petitioner was aggrieved by any sealing action, the right course would have been to file an appeal before the Appellate Tribunal MCD ("ATMCD").

Learned counsel appearing for the respondent-MCD has also shown the original file of the department with respect to the proceedings undertaken before the sealing action in question, was taken. The said file has been perused and duly returned.

None appears for the petitioner when the matter is called out. 9.

Accordingly, considering the submissions made before this Court, no merit is found in the present writ petition.

10.

The present writ petition, along with the pending application, stands disposed of.

MINI PUSHKARNA, J OCTOBER 28, 2025/KR The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.