M/S Erfolg v. Municipal Corporation Of Delhi
$~57 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14100/2025 & CM APPL. 57789/2025 M/S ERFOLG .....Petitioner Through:
Mr.
Kunal Sabharwal and Mr.
Shobhit Garg, Adv.
Mob: 9711048605 Email:
aayushmalhotra2014@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Mr. Harsh Singhal, Ms. Mughdha Avnish and Mr. Utkarsh Singhal, Advs.
Mob: 9958154277 Email: harshsinghal.14@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 12.09.2025 1.
The present writ petition has been filed challenging the sealing of the property bearing Unit Nos. S-3 and S-4 (rear unit of second floor) of the property bearing no. D-32, NDSE, Part-I, New Delhi-110049, by the Municipal Corporation of Delhi ("MCD").
2.
Learned counsel appearing for the petitioner draws the attention of this Court to the order dated 17th October, 2022 passed by the Monitoring Committee, wherein, the property in question has been directed to be permanently de-sealed. The order dated 17th October, 2022, passed by the Monitoring Committee reads as follows:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
Learned counsel appearing for the petitioner also draws the attention of this Court to the order dated 10th April, 2017, passed by the Appellate Tribunal, MCD ("ATMCD"), in Appeal No. 609/ATMCD/2013, wherein, it has been directed as follows:
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD, who submits that the present writ petition is not maintainable, as the petitioner is required to approach the Monitoring Committee with prayer for de-sealing. He further submits that the petitioner has not approached the MCD, as yet.
5.
Having heard learned counsel appearing for the parties, this Court notes that in the present matter, the petitioner has already approached the Monitoring Committee, which by its order dated 17th October, 2022, has already directed the de-sealing of the property in question. Further, vide order dated 10th April, 2017 passed by the ATMCD, there are orders for desealing in favour of the petitioner. Therefore, the petitioner is not required to approach the Monitoring Committee again.
6.
It is to be noted that the present writ petition has been filed only with a view to implement the orders passed by the Monitoring Committee and the ATMCD, wherein, directions have been given for de-sealing of the property of the petitioner. Therefore, the present writ petition would be maintainable before this Court.
7.
Considering the fact that there are already directions by the Monitoring Committee and the ATMCD for de-sealing of the property of the petitioner, it is directed that the petitioner shall forthwith make a representation to the Deputy Commissioner, Central Zone. 8.
The petitioner shall comply with all the directions of the MCD and shall make all the compliances, including, payment of any fees/penalties, as may be directed by the MCD.
9.
Upon the petitioner making all the compliances and fulfilling all the directions as may be issued by the MCD, the MCD shall proceed to do the needful for de-sealing of petitioner's property. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
With the aforesaid directions, the present writ petition, along with the pending application, is accordingly, disposed of. MINI PUSHKARNA, J SEPTEMBER 12, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.