M/S Popular Hosiery Mills v. Municipal Corporation Of Delhi And ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 14543/2022 & CM APPL. 44478/2022, CM APPL. 12339/2023 M/S POPULAR HOSIERY MILLS .....Petitioner Through:

Mr. Udaibir Singh Kochar and Mr.

Utsav Garg, Advocates Mob: 9250611261 versus MUNICIPAL CORPORATION OF DELHI AND ANR.

.....Respondents Through:

Ms. Aakansha Kaul, Mr. Aman Sahani, and Ms. Ashima Chopra, Advocate for R-1 Mob: 70429988201

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 24.03.2025

O R D E R

1.

The present petition has been filed by the petitioner praying for issuance of directions to the respondents for quashing the Show Cause Notice dated 6th September, 2022, issued by respondent no. 1.

2.

There is further prayer for direction to respondent no. 1 to inform the petitioner in clear terms, the quantum of dues outstanding with regards plot no. F-6, Udyog Nagar Industrial Area, Rohtak Road, Delhi, with respect to the payment for conversion of the property, from industrial to commercial use.

3.

This Court notes that the present petition has been filed on account of the fact that respondent no. 1 had floated a scheme, thereby, allowing The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

conversion of the property from industrial to commercial use. 4.

Since Show Cause Notice dated 6th September, 2022 was issued by the office of Deputy Commissioner, Rohini Zone, with respect to depositing the requisite charges for misuse, the present writ petition has come to be filed.

5.

On pointed query by this Court, learned counsel appearing for the petitioner submits that reply to the said Show Cause Notice has already been filed on behalf of the petitioner.

6.

In response, learned Standing Counsel appearing for MCD submits that no final order has been passed in view of the fact that the present writ petition was pending before this Court.

7.

Considering the submissions made before this Court, it is directed that the present writ petition along with the rejoinder filed by the petitioner, be considered as representation by the MCD. The petitioner shall be granted personal hearing by the concerned officer of the MCD and after granting due hearing to the petitioner, a Speaking Order shall be passed by the respondent-MCD, thereby, deciding the representation of the petitioner. 8.

It is further directed that no coercive action shall be taken against the petitioner till the representation of the petitioner is duly decided by the MCD, after granting due hearing to the petitioner. 9.

The concerned officer of the MCD shall issue a letter to the petitioner, thereby, fixing a date for grant of hearing to the petitioner, and decide the representation expeditiously, within the outer limit of six months from today. The petitioner shall cooperate in attending the hearing, as and when called. In case, the petitioner does not cooperate or seeks undue adjournments, the MCD shall be at liberty to pass appropriate order, on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

basis of the record, already available.

10.

Accordingly, with the aforesaid directions, the present petition, along with the pending applications, is disposed of. MINI PUSHKARNA, J MARCH 24, 2025/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.