Subhash Chand v. East Delhi Municipal Corporation

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12483/2018 & CM No. 48460/2018 SUBHASH CHAND ..... Petitioner Through:

Mr. Ashok Thagal, Adv.

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

Mr. Ajay Garg and Ms. Shilpa Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 07.03.2019 1.

The petitioner prays for de-sealing of property bearing No. C-19, Ground Floor, Gali No. 4, Rajeev Nagar, Mandoli, Delhi. The property was sealed by the respondent/EDMC on the ground of misuse, namely that the petitioner was running a factory/industrial unit of laethe machine in contravention of the law.

2.

Status report dated 13.12.2018 has been filed by respondent/EDMC in the matter. Learned counsel appearing for the respondent states that vide Circular dated 09.10.2018 the respondent has framed a policy for de-sealing of certain premises upon fulfilment of certain conditions, inter-alia payment of misuse charges for the past misuse; proof of payment of up-to-date commercial property tax for the past period ; and furnishing of affidavit of undertaking that the premises will not be misused in the future. He states that if the petitioner applies under such policy, his application will be considered in accordance with the policy and the law.

3.

In view of the above, learned counsel for the petitioner seeks leave to withdraw this petition with liberty to apply for de-sealing of the property in accordance with the aforesaid policy.

4.

Accordingly, this petition is dismissed as withdrawn with liberty as prayed for.

5.

Dasti.

ANUP JAIRAM BHAMBHANI, J.

MARCH 07, 2019 sr