Mr. Akhilesh Kumar v. Municipal Corporation Of Delhi & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 514/2026 & CM APPL. 2494/2026 MR. AKHILESH KUMAR .....Petitioner Through:

Mr. Abhay Mani Tripathi & Mr.

Suryans Agrawal, Advocates.

versus MUNICIPAL CORPORATION OF DELHI & ANR.

.....Respondents Through:

Mr. Pritish Sabharwal & Mr. Shiv Chopra, Advocates for MCD/R-1.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 15.01.2026 1.

The present writ petition has been filed seeking directions for temporary de-sealing of the Hall of the petitioner situated at Hall No. G-2, at Ground Floor in the property bearing No. A-17, situated in Gali No.2, out of Khasra No.10/1, Ambedkar Vihar, Johripur, Delhi-110094, for a period of fifteen (15) days.

2.

To be noted, in respect of the same property, this Court had passed similar orders on 13th January, 2026 in W.P.(C) 400/2026. 3.

It is submitted that the petitioner is a tenant of the said hall, having rented the same from its owner, i.e. Smt. Sulekha Yadav. 4.

By way of the present petition, the petitioner seeks temporary desealing of the property for a limited period, in order to allow the petitioner to take out its goods from the sealed property.

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

5.

Counsel for the petitioner has drawn attention of the Court to previous orders passed by this Court permitting the tenants to remove their belongings/material from the premises which have been sealed, by temporarily de-sealing the premises.

6.

Counsel for the petitioner prays that the property be de-sealed for a period of fifteen (15) days to enable the petitioner to remove his goods/machinery/tools etc. lying in the property. 7.

Attention of the Court has been drawn to the order passed by the Division Bench of this Court in 15th May, 2018 in W.P.(C) 4349/2017 where similar orders have been passed.

8.

It is agreed between the parties that the process to remove petitioner's goods/machinery/tools etc. from the subject property shall commence from 19th January, 2026.

9.

In view of the above, it is directed as follows: i.

The Municipal Corporation of Delhi (MCD) shall effect de-sealing of the premises with effect from 19th January, 2026 for the purpose of only permitting removal of the goods by the petitioner. ii.

The petitioner shall ensure that the removal process is completed within seven (7) days from 19th January, 2026. iii.

The MCD shall ensure that the premises are re-sealed on 27th January, 2026 or any prior date when the petitioner has removed all his goods. iv.

The MCD shall ensure that no commercial activity is permitted in these premises in future.

v.

The respondent/MCD is permitted to video-graph the entire removal process, including taking photographs and making an inventory of the belongings/machinery which is removed by the petitioner. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

vi.

The SHO of the concerned area shall extend all cooperation in the aforesaid removal process.

10.

Liberty is granted to the owner/occupier of the subject property to file an appeal before the Judicial Committee as constituted by the Supreme Court in WP(C) 4677/1985 titled as M.C. Mehta v. Union of India [order dated 13th September, 2022].

11.

Rights and contentions of the parties are left open. 12.

Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case. 13.

The present petition along with all pending application(s) stands disposed of in terms of above.

AMIT BANSAL, J JANUARY 15, 2026 at The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.