Kanishka Gohri & ANR. v. Municipal Corporation Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 15885/2025 & CM APPL. 64979/2025 KANISHKA GOHRI & ANR.

.....Petitioners Through:

Ms.

Uma Aggarwal, Mr.

Pulkit Aggarwal, Advocates (M:

9810081083) versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through:

Mr.

Kapil Dutta, Mr.

Siddharth Parashar, Advocates for MCD (M:9811135509)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 15.10.2025 1.

The present writ petition has been filed seeking directions to respondents for de-sealing of the petitioners' Shop (Private No. 2) situated at 35/16, Ground Floor, Shanker Road, Old Rajinder Nagar, New Delhi110060. 2.

Learned counsel for the petitioners submits that the shop of the petitioners has been sealed arbitrarily on 24th September, 2025 vide impugned order dated 16th September, 2025 passed by the respondentMunicipal Corporation of Delhi ("MCD"). 3.

Learned counsel for the petitioners further submits that the petitioners have already deposited the balance conversion and parking charges amounting to Rs. 58,223/- on 25th September, 2025. 4.

Thus, it is submitted that full amount towards conversion and parking charges already stands paid by the petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

She, thus, submits that the shop of the petitioners ought to be desealed, considering the fact of the festive season. 6.

Responding to the present writ petition, learned counsel for the respondent-MCD submits that action in the present case was taken pursuant to the directions passed by the Monitoring Committee. 7.

Learned counsel for the MCD has handed over documents pertaining to the same, which are taken on record.

8.

He, thus, submits that in terms 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.", the petitioners would have to approach the Judicial Committee, as appointed by the Supreme Court. 9.

This Court is informed that the next sitting of the Judicial Committee is on 17th October, 2025.

10.

Accordingly, considering the submissions made before this Court, it is noted that vide order dated 13th September, 2022, passed in "M.C. Mehta Versus Union of India & Ors.", the Supreme Court has passed the following orders:

"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; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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) 11.

Accordingly, the petitioners are directed to approach the Judicial Committee, as constituted by the Supreme Court, for appropriate orders. 12.

With the aforesaid directions, the present writ petition, along with pending application, is disposed of.

MINI PUSHKARNA, J OCTOBER 15, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.