Hemant Khandelwal v. Municipal Corporation Of Delhi
$~110, 112 & 113 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14891/2025 & CM APPL. 63622/2025 MEERA KHANDELWAL .....Petitioner Through:
Mr. Zahid Hanief, Adv.
Mob: 7210525656 Email: zahidhaniefadv@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Ms. Shilpa Ohri, ASC for MCD Mob: 9871900539 Email: shilpakapoorohri@gmail.com + W.P.(C) 14933/2025 & CM APPL. 63619/2025 SHRI SUDHIR KHANDELWAL .....Petitioner Through:
Mr. Zahid Hanief, Adv.
Mob: 7210525656 Email: zahidhaniefadv@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Ms. Shilpa Ohri, ASC for MCD Mob: 9871900539 Email: shilpakapoorohri@gmail.com + W.P.(C) 14984/2025 & CM APPL. 63618/2025 HEMANT KHANDELWAL .....Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Through:
Mr. Zahid Hanief, Adv.
Mob: 7210525656 Email: zahidhaniefadv@gmail.com versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:
Ms. Shilpa Ohri, ASC for MCD Mob: 9871900539 Email: shilpakapoorohri@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
O R D E R
% 10.10.2025 CM APPL.
63622/2025, CM APPL.
63619/2025 & CM APPL.
63618/2025 1.
The present applications have been filed seeking recall of the order dated 25th September, 2025, passed by this Court, wherein, directions have been given to the Municipal Corporation of Delhi ("MCD"), to de-seal the various plots bearing Nos. C-144A, C-144B, C-144C, Mansarovar Garden, Ramesh Nagar, New Delhi.
2.
Learned counsel appearing for the MCD submits that the petitioners had deliberately concealed the fact that the action against the said properties was executed pursuant to the orders passed by the Monitoring Committee, in view of the violation of the usage of Master Plan of Delhi 2021 ("MPD2021"). 3.
She submits that inspection in various areas of the Karol Bagh Zone, was carried out by the Monitoring Committee on 11th November, 2024, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
pursuant to which, a direction was given to the Deputy Commissioner, Karol Bagh Zone, MCD, to verify the status of all the roads/areas inspected, and take action against the violators in those areas, for any violation of MPD2021. 4.
She, thus, submits that the Minutes of Meeting was issued by the Monitoring Committee on 21st August, 2025, wherein, directions were issued to the Deputy Commissioner, Karol Bagh Zone, MCD, to conclude the hearings in all the cases, wherein, Show Cause Notices had been issued, and seal all the premises, wherever notices were issued. Copy of the Minutes of Meeting dated 21st August, 2025, has been placed on record, along with the present applications. Thus, it is submitted that it is only upon verification, pursuant to the directions of the Monitoring Committee, that it was found that the properties of the petitioners are situated on a non-notified road and accordingly, sealing actions were taken. 5.
Thus, it is submitted that in view of the fact that the sealing actions were taken pursuant to the directions of the Monitoring Committee, the petitioners would have to approach the Judicial Committee, as constituted by the Supreme Court.
6.
Attention of this Court has been drawn to the order dated 26th September, 2025, passed by this Court, in the case of "Subhashini Dewan Versus Deputy Commissioner MCD & Ors.", in W.P.(C) 15120/2025, wherein, it has been held as follows:
"xxx xxx xxx 16.
Per Contra, learned counsel appearing for the respondentMCD submits that since, in the present case, all the actions have been initiated by the MCD in terms of the directions of the Monitoring Committee, the petitioner would have to approach the Judicial Committee, as constituted by the Supreme Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
17.
Learned counsel for the MCD has handed over a copy of the order dated 13th September, 2022, passed by the Supreme Court in W.P.(C) 4677/1985, titled as "M.C. Mehta Versus Union of India & Ors.", to submit that a Judicial Committee consisting of Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court, and Justice G.S. Sistani, retired Judge of the Delhi High Court, has been constituted. He submits that all the matters relating to sealing and de-sealing are heard by the said Judicial Committee, wherever such action is taken at the instance of the Monitoring Committee. The relevant portion of the aforesaid order passed by the Supreme Court, reads as under:
"xxx xxx xxx We appoint a Judicial Committee of two hon'ble Judges: 1) Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court and 2) Justice G.S. Sistani, retired Judge of the Delhi High Court who would take a call on all these applications keeping the aforesaid conspectus in mind.
The Judicial Committee will have jurisdiction to hear a challenge to these orders, decisions and recommendations of both the Monitoring Committees constituted by this Court vide orders dated 24.03.2006 and 07.05.2004 resulting in action by the Municipal Corporations and Regulatory Committees in respect thereof. The subject matters are as under:
"i) Sealing and de-sealing of properties;
ii) Regularization and/or levy of penalties or conversion charges; iii) Demolition of unauthorized construction; and (iv) Directing the removal of encroachment."
Any person aggrieved by such an order decision or recommendation as already set out above after scrutiny by the Judicial Committee would have a remedy only by filing an application in the present proceedings.
In order to facilitate the disposal of these applications, all pending applications before this Court, challenging the orders passed by the Monitoring Committee in respect of these issues, shall stand referred to the Judicial Committee for consideration and passing orders. A list of these applications have been annexed to the note as Document No. 1. The applications listed today also would stand transferred to the Committee and if some applications have been missed out, the applicants may approach the learned Amicus Curiae who would inform the Judicial Committee accordingly.
xxx xxx xxx"
(Emphasis Supplied) 18.
Responding to the same, learned counsel appearing for the petitioner submits that he shall approach the Judicial Committee, as per the directions of the MCD.
19.
Accordingly, it is directed that the petitioner shall approach the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
aforesaid Judicial Committee, as directed by the MCD, in order to assail the Sealing Order dated 08th September, 2025, issued by the Deputy Commissioner, Karol Bagh Zone, MCD.
20.
It is directed that the requisite complaint/application shall be made by the petitioner before the Judicial Committee, within a period of two weeks, from today.
xxx xxx xxx"
(Emphasis Supplied) 7.
Thus, by referring to the aforesaid order, learned counsel appearing for the MCD submits that similar orders be also passed in the present matters, and the petitioner be directed to approach the Judicial Committee. 8.
Issue notice. Notice is accepted by learned counsel appearing for the petitioners, who submits that no documents have been produced to show that the sealing action has been taken by the MCD under the directions of the Monitoring Committee.
9.
However, learned counsel appearing for the MCD has brought before this Court, the departmental file, which clearly shows that action has been taken pursuant to the directions from the Monitoring Committee. 10.
Considering the submissions made before this Court, and in view of the order dated 13th September, 2022, passed by the Supreme Court in W.P.(C) 4677/1985, titled as "M.C. Mehta Versus Union of India & Ors.", it is directed that the petitioner shall approach the Judicial Committee, as constituted by the Supreme Court, in order to assail the sealing action of the MCD.
11.
Accordingly, the order dated 25th September, 2025, stands modified, to the aforesaid extent.
12.
Thus, the earlier direction issued by this Court to the MCD, to de-seal the properties of the petitioners, stands recalled, which aspect shall be considered by the Judicial Committee, upon the petitioners approaching the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Judicial Committee, in terms of the categorical order passed by the Supreme Court, as aforesaid.
13.
Rights and contentions of the parties are left open, which shall be decided by the Judicial Committee.
14.
With the aforesaid directions, the present applications are accordingly disposed of.
MINI PUSHKARNA, J OCTOBER 10, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.