Vijay Kumar Bansal v. Municipal Corporation Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 17526/2024, CM APPL. 74657/2024 & CM APPL. 74658/2024 VIJAY KUMAR BANSAL .....Petitioner Through:

Mr.

Murari Tiwari, Mr.

Rahul Kumar, Ms. Nimisha Gupta and Mr. Ujjwal Singh, Advocates.

versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through:

Ms. Anshula L. Bakhru, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 19.12.2024 1.

The petitioner has approached this Court under Article 226 of the Constitution challenging a show cause notice dated 13.12.2024, issued by the respondent-Municipal Corporation of Delhi ["MCD"]. By the impugned show cause notice, the MCD has alleged that commercial activity is on-going in the petitioner's property [4/56, Lower Ground Floor, Shankar Road, Old Rajender Nagar, New Delhi-110060] in violation of Master Plan 2021/without paying the requisite charges. The petitioner has therefore, been asked to show cause notice as to why action not be taken for sealing of the property under Section 347 and 345A of the Delhi Municipal Corporation Act, 1957. 2.

The petitioner's contention is that he has, in fact, made all the requisite payments and the petitioner's license has also been renewed. He W.P.(C) 17526/2024 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 03/07/2025 at 20:37:33

has submitted a reply to the show cause notice on 14.12.2022. 3.

Ms. Anshula L. Bakhru, learned counsel for the MCD, who appears on advance notice, submits that the reply is under consideration and no final decision has yet been taken by the MCD. 4.

In view of the above, I am of the view that it is not necessary to entertain the petitioner's petition on merits at this stage. However, in the event the MCD decides to seal the property, it will pass a reasoned order and communicate the same to the petitioner through its counsel. 5.

The MCD is at liberty to call the petitioner for any information or clarification, if required. After communication of the order, the MCD will not proceed to seal the property for a period of ten days, to enable the petitioner to challenge the same in accordance with law, if he is so advised.

6.

The writ petition, along with pending applications, is disposed of with the above directions.

PRATEEK JALAN, J DECEMBER 19, 2024/MR/kb/ W.P.(C) 17526/2024 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 03/07/2025 at 20:37:33