Prem Pal Sharma & ORS v. N M C D & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12826/2018, CM No. 49771/2018 PREM PAL SHARMA & ORS ..... Petitioners Through:

Mr. N.K. Gupta, Adv.

versus N M C D & ANR ..... Respondents Through:

Ms. Saroj Bidawat, Standing Counsel for NDMC.

Ms. Shobhna Takiar, Adv. for GNCTD.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 22.05.2019 This petition has been filed by the petitioners with the following prayers:

"In these circumstances it is therefore, most respectfully prayed that you Lordships may very graciously be pleased to grant order / direction: - a) For issuance of a Writ / Order / Direction in the nature of Writ of Mandamus, directing the respondents from sealing or taking any coercive action against the PETITIONERS's plot / premises bearing municipal no. 307/1/151, Old NO. 151, Shahzada Bagh Industrial Area, Old Rohtak Road, Daya Basti, Delhi - 110035 measuring 83.6 sq. mts. holding that the same is situated in the Conforming Industrial area.

b) It is also prayed that the respondents may kindly

be restrained from taking any coercive action of sealing the Plot / premises of the PETITIONERS bearing municipal no. 307/1/151, Old No. 151, Shahzada Bagh Industrial Area, Old Rohtak Road, Daya Basati, Delhi - 110035 till the final disposal of the present writ petition. Any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the applicant / petitioners and against the respondent to meet the ends of justice." A status report as filed in the Registry with filing no. 429752/2019 on May 8, 2019 reads as under:

"2.

That in compliance to the Hon'ble Supreme Court Order in M.C. Mehta Case, the impermissible industrial units running in non-confirming areas were sealed. Meanwhile clarification was sought from Commissioner of Industries, GNCTD as to whether the units located in Industrial clusters notified for re-development not allotted plots under Relocation Scheme will be covered in the said sealing process or not.

3. That the Commissioner of Industries, Govt. of NCT of Delhi vide letter dated 19.12.2018 clarified that 22 Industrial Clusters notified for re-development would continue and not comes under sealing operations. (copy of the letter dated 19.12.2018 is annexed herewith as Annexure R-1)

4. That as the plot in the present petition falls in the confirming industrial area, i.e., under the boundaries of notified area of re-development in terms of Master Plan of Delhi - 2021, no sealing action would be taken against the premises which falls within the boundary of Industrial area till further orders."

In view of the stand taken by the respondent NDMC in their status report, learned counsel appearing for the petitioners states nothing further survives in the petition and the petition may be disposed of. Ordered accordingly.

CM No. 49771/2018 Dismissed as infructuous.

V. KAMESWAR RAO, J MAY 22, 2019/jg