Meena Kumari v. Delhi Contonment Board

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3230/2019 MEENA KUMARI ..... Petitioner Through:

Mr. Gaurav Tanwar and Ms. Shreya Jain, Advs.

versus DELHI CONTONMENT BOARD ..... Respondent Through:

Mr. Ankur Mishra, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 30.05.2019 CM No. 27081/2019 This application has been filed by the applicant / petitioner pursuant to the order passed by this court on April 3, 2019, whereby the court had directed the respondent to de-seal the property within a week. It is the submission of the learned counsel for the applicant / petitioner that the premises have multiple floors and multiple entries and at the time of sealing respondent had put three different locks and are now claiming an amount of Rs. 30,000/- for removal of three seals @ Rs.10,000/- per seal. He also states, even though three seals have been put, respondent should charge only for one seal.

This submission of the learned counsel for the petitioner is opposed by the learned counsel for the respondent on the ground that even though the property is one, multiple activities were being carried out by separate units

with different entries and each unit must be construed as an independent entity, hence for opening the seal thereof, separate cost for de-sealing needs to be paid.

In view of the peculiar facts to understand the situation at the site, I deem it appropriate to call upon the counsels for the parties to visit the site and give their report to the court on the next date of hearing. Accordingly, the counsel shall visit the site on June 10, 2019 and shall bring a composite report of their findings before the Vacation Bench on June 12, 2019.

V. KAMESWAR RAO, J MAY 30, 2019/jg