Shahzada Bagh Industrial Area Kalyan Samiti(Regd.) And ANR. v. North Delhi Municipal Corporation And ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 710/2019, CM No. 3129/2019 SHAHZADA BAGH INDUSTRIAL AREA KALYAN SAMITI(REGD.) AND ANR.

..... Petitioners Through:

Mr. N.K. Gupta, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through:

Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for North DMC.

Mr. Mohit Aggarwal, Adv. with Mr.

Brahamanand Malik, Litigation Asst.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 22.05.2019 This petition has been filed by the petitioners with the following prayers:

"In these circumstances it is therefore, most respectfully prayed that you Lordships may very graciously be pleased to grant order / direction: - a) For issuance of a Writ / Order / Direction in the nature of Writ of Mandamus, directing the respondents from sealing or taking any coercive action in the area of Shahzada Bagh Industrial Area, situated at on Rohtak Road.

b) It is also prayed that the respondents may kindly be restrained from taking any coercive action of sealing in

the Shahzada Bagh Industrial Area, situated at on Rohtak Road, Delhi.

Any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the applicant / petitioners and against the respondent to meet the ends of justice." A status report has been filed by the respondent NDMC which reads as under:

"2.That in compliance to the Hon'ble Supreme Court Order in M.C. Mehta Case, the impermissible industrial units running in non-confirming areas were sealed. Meanwhile clarification was sought from Commissioner of Industries, GNCTD as to whether the units located in Industrial clusters notified for re-development not allotted plots under Relocation Scheme will be covered in the said sealing process or not.

3. That the Commissioner of Industries, Govt. of NCT of Delhi vide letter dated 19.12.2018 clarified that 22 Industrial Clusters notified for re-development would continue and not comes under sealing operations. (copy of the letter dated 19.12.2018 is annexed herewith as Annexure R-1)

4. That as the plot in the present petition falls in the confirming industrial area, i.e., under the boundaries of notified area of re-development in terms of Master Plan of Delhi - 2021, no sealing action would be taken against the premises which falls within the boundary of Industrial area till further orders."

In view of the stand taken by the respondent NDMC in their status

report, learned counsel appearing for the petitioners states nothing further survives in the petition and the petition may be disposed of. Ordered accordingly.

CM No. 3129/2019 Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 22, 2019/jg