Bimal Kumar Sehgal v. New Delhi Municipal Council & ANR.

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10952/2024 & CM APPL. 45197/2024 BIMAL KUMAR SEHGAL .....Petitioner Through:

Mr.

Lakshay Sawhney, Mohd.

Noumaan, Advocates versus NEW DELHI MUNICIPAL COUNCIL & ANR. .....Respondents Through:

Mr. Dhruv Mohan, ASC, NDMC with Mr.

Tarana Khan, Ms.Madhu Vishnoi, Advocates

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 09.08.2024 1.

The present revision petition is filed on behalf of the petitioner under Article 226 of the Constitution with the following prayers:- a) direct the Respondents to carry out the direction in the operative portion of Order dated 22.4.2024 passed by Ld. Estate Officer, NDMC in Case No. 48/97/03/EO, within a period of 10 days from the date of passing of order by this Hon'ble Court; b) or in the alternative, this Hon'ble Court may be pleased to itself direct the NDMC to revoke the cancellation letter/order dated 25.09.2006 in respect of licence of Stall No.13, Malcha Marg, New Delhi c) Pass any other and further orders as this Hon'ble Court may deem fit, just and proper in the present facts and circumstances of the case and in the interest of justice;

2.

The petitioner was granted license by the respondent no. 1/NDMC to run a stall bearing no. 13 situated at Malcha Marg, New Delhi w.e.f. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:11:44

22.09.1996 for sale of non-licensable and miscellaneous trade. The respondent no. 1 vide order dated 25.09.2006 purported to have cancelled the license of the stall bearing no. 13 granted to the petitioner and other stall holders of Malcha Marg Market. The aggrieved petitioner along with other aggrieved stall holders of Malcha Marg Market filed writ petitions bearing W.P.(C) no. 15652-80/2006, which were disposed of vide order dated 11.01.2008. The respondent no. 2 subsequently in case bearing no. 48/97/03/EO dated 01.10.2007 titled as New Delhi Municipal Corporation V Kamal Kumar Sehgal passed the final order and para no. 10 of the order dated 22.04.2024 is reproduced as under:-

10. Therefore, in exercise of the powers conferred on me under Sub Section (I) of Section 5 and Sub Section (2) and (2A) of the Section 7 of Public Premises (Eviction of Unauthorized Occupants) Act, 1971, the application/petition of the petitioner is dismissed. Further the petitioner is directed to place the matter before their Competent Authority for revocation of cancellation orders in respect of Stall No. 12, Malcha Marg, New Delhi and also for consideration of regularization the licence in the name of Sh. Kamal Kumar Sehgal subject to clearance of all the dues to the petitioner and rectifications of all violations, if any by the respondents. This action be completed by the petitioner within a period of one month from the date of issue of these orders. 3.

Mr. Lakshay Sawhney, Advocate for the petitioner stated that the respondent no. 1 in pursuance of order dated 22.04.2024 passed by the respondent no. 2, has not initiated appropriate steps for revocation of the cancellation order in respect of the stall no. 13, Malcha Marg, New Delhi and also for consideration of regularisation of license in the name of petitioner.

4.

Mr. Dhruv Mohan, Advocate appearing on behalf of the respondents, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:11:44

stated that as per the instructions, the process for further remedy to impugn the order dated 22.04.2024 has already been initiated. 5.

It is expected that the respondent no. 1 shall follow/execute the directions given in para no. 10 of the order dated 22.04.2024 in accordance with law preferably within a period of 08 weeks unless and until the impugned order dated 22.04.2024 is set aside or modified by the court of competent jurisdiction in appropriate legal proceedings. 6.

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

DR. SUDHIR KUMAR JAIN, J AUGUST 9, 2024/j/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 12:11:45