Sh. Naveen Gupta And ORS. v. North Delhi Municipal Corporation And ANR.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7262/2018 SH. NAVEEN GUPTA AND ORS.

..... Petitioner Through Mr.Puneet Goel, Adv.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR.

..... Respondent Through Mr.Annirudh Sharma Adv. with Mr.

Kapil Rastogi, Adv. for R-2

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 19.12.2018 1.

Vide the present petition under Article 226 of the Constitution of India, the petitioners had sought the following reliefs:- " a.

Direct the respondents to temporary de-seal the property bearing no.11686, Ward No.16, Block U, Khasra No.3654/633/2, Sat Nagar Karol Bagh, New Delhi 110005 for at least 30 days for self rectification.

b.

Direct the respondents to consider the representation dated 13.06.2017 of the petitioner nos.1,2,3,6 & 7 and representation dated 12.09.2017 of the petitioner no.4 and pass a speaking order on such representation in accordance with law and provide a copy of such order to the petitioners within 15 days in accordance with law.

c.

Direct the respondent no.3 to consider the file submitted by the petitioner nos.1 to 7 except the petitioner no.5 for regularization of property bearing no.11686, Ward No.16, Block U, Khasra No.3654/633/2, Sat Nagar, Karol

Bagh, New Delhi 110005 within 15 days.

d.

Any other or further relief which this Hon'ble Court may deems fit and proper may kindly granted in favour of the petitioner and against the respondents.

2.

Learned counsel for the respondents, on instructions from Mr. Kapil Rastogi/respondent no.2 who is present in Court, states that in principle, the respondents have no objection to any of the reliefs sought by the petitioners. He, however, submits that as against the period of 30 days prayed for by the petitioners, the respondents are willing to de-seal the petitioners' premises for a period of 15 days for self rectification of the defects. He further states that after the petitioners carry out the self-rectification and inform the respondents, they will expeditiously and in any event within a period of three weeks, consider and decide the representation dated 13.06.2017 of the petitioner nos. 1,2,3,6 & 7 and the representation dated 12.09.2017 of the petitioner no.4 as also their pending application for regularization by passing reasoned and speaking orders.

3.

In view of the fair stand taken by the learned counsel for the respondents, the petition is disposed of with directions to the respondents to de-seal the property of the petitioners within three days for a period of 15 days, whereafter the property would be again sealed as per law. Upon the petitioners informing the respondents that they have carried out the requisite selfrectification, the respondents will consider the pending representation dated 13.06.2017 of the petitioner nos.1,2,3,6 & 7

and the representation dated 12.09.2017 of the petitioner no.4, by passing reasoned and speaking orders within a period of three weeks.

4.

The respondents will also consider the pending application of the petitioner nos.1 to 4, 6 & 7 seeking regularisation of the aforesaid property within the same period of three weeks, after receiving information from the petitioners regarding selfrectification of the defects in the property. 5.

The petition is disposed of in the aforesaid terms. In case the petitioners are aggrieved by any order passed by the respondents on their representations or application for regularisation, it will be open for them to take legal recourse as per law.

Dasti under the signatures of the Court Master. REKHA PALLI, J DECEMBER 19, 2018 sr