Usha Mehra & ANR v. Dr Puneet Kumar Goel
$~9&10 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 612/2018 USHA MEHRA & ANR .....Petitioner Through:
Mr.
Madhusudan, Mr.
Ankit Kakkar, Ms.
Shreya Vedantika Mehra, Advocates.
versus DR PUNEET KUMAR GOEL .....Respondent Through:
Mr.
Kapil Dutta, Mr.
Vansh Luthra, Advocates + W.P.(C) 7491/2018 & CM APPLs. 28625/2018, 763/2019. USHA MEHRA AND ANR.
.....Petitioners Through:
Mr.
Madhusudan, Mr.
Ankit Kakkar, Ms.
Shreya Vedantika Mehra, Advocates.
versus SOUTH DELHI MUNICIPAL CORPORATION .....Respondent Through:
Mr.
Kapil Dutta, Mr.
Vansh Luthra, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 03.12.2024 W.P.(C) 7491/2018 1.
The petitioners have approached this Court under Article 226 of the Constitution, against a show cause notice dated 01.05.2018 issued by the Municipal Corporation of Delhi ["MCD"] under Section 345A of the Delhi Municipal Corporation Act, 1957, by which MCD directed the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
petitioners to show cause as to why the property bearing No. H-1A, Hauz Khas, New Delhi ("subject property") should not be sealed. The ground mentioned in the impugned notice was that a wellness/diagnostic centre was being operated in the basement (front portion) and ground floor of the subject property.
2.
It appears from the contents of the counter affidavit that the aforesaid action has been taken by MCD on the directions of the Monitoring Committee constituted by the Supreme Court in W.P.(C) 4677/1985 [M.C. Mehta vs. Union of India & Ors.]. 3.
As far as orders of the Monitoring Committee are concerned, the Supreme Court has made it clear by orders dated 15.12.2017, 07.09.208, 27.11.2018 and 28.01.2019 in M.C. Mehta (supra), that this Court would have no jurisdiction to entertain challenges to actions emanating out of orders of the Monitoring Committee. By a further order dated 13.09.2022, the Supreme Court directed constitution of a Judicial Committee to consider applications for de-sealing of premises, which have been sealed under the orders of the Monitoring Committee. 4.
The present writ petition, alongwith pending applications, is therefore disposed of, with liberty to the petitioners to approach the Judicial Committee for appropriate orders.
5.
By order dated 20.07.2018, parties were directed to maintain status quo. The said order was confirmed by order dated 31.10.2018. The aforesaid order is continued, until varied or vacated by the Judicial Committee.
CONT.CAS(C) 612/2018 In view of the order passed in W.P.(C) 7491/2018, learned counsel The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
for the contempt petitioner does not press this petition, which stands disposed of.
PRATEEK JALAN, J DECEMBER 3, 2024 "Bhupi/JM"/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.