Kanwal Rani Chawla @ Kamal Rani Chawla v. Delhi Cantonment Board

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8588/2019 KANWAL RANI CHAWLA @ KAMAL RANI CHAWLA ..... Petitioner Through:

Mr. Himanshu, Mr. Bal Kishan and Mr. Mahesh Dutt Tripathi, Advs.

versus DELHI CANTONMENT BOARD ..... Respondent Through:

Mr. Tarveen Singh Nanda, SC

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 14.08.2019 1.

The present petition has been filed by the petitioner with the following prayers:

"It is, therefore, most respectfully prayed that this Hon‟ble Court may be pleased to:

a) Allow the present petition and direct the respondent i.e. Delhi Cantonment Board to de-seal the property bearing No.CB-228/E, Naraina, , Delhi Cantt.

b) Allow petitioner to carry other activities other than industrial activity in order to earn livelihood for his family; and c) grant any other relief or reliefs as may be deemed fit and proper under the circumstances of the case in the interest of justice."

2.

It is the submission of the learned counsel for the petitioner that the petitioner shall not carry any industrial activity or illegal activity from the premise. His prayer is that the premises be de-sealed to enable the petitioner

carry out conforming activity in accordance with the relevant rules and bylaws.

3.

Learned counsel for the petitioner has relied upon the order passed by a Coordinate Bench of this Court in Vivek Kumar Gupta vs. Delhi Cantonment Board, W.P. (C) 9305/2018, decided on September 05, 2018 and states that similar order be passed in this writ petition. Learned counsel for the respondent has no objection in that regard. 4.

In view of the submissions made by the learned counsel for the parties, it is directed that the petitioner shall file an undertaking with the Cantonment Board that he shall not carry out any illegal or industrial activity from the premises in question and shall only carry out conforming activity in accordance with the relevant rules and bylaws. The undertaking shall be filed with the Board supported by an affidavit within a period of one week from today.

5.

On the undertaking supported by an affidavit being filed by the petitioner, the respondent shall de-seal the premises in question. The petitioner would also pay the necessary cost for sealing / de-sealing of the premises which shall be informed by the respondent to the petitioner. 6.

It is further clarified that this order shall not preclude the respondent from taking any other steps in accordance with law and this order shall not be construed as absolving the petitioner of any of the consequences of running an industrial unit from the premises. 7.

The writ petition is disposed of.

V. KAMESWAR RAO, J AUGUST 14, 2019/aky