Angad Arora v. North Delhi Municipal Corporation And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9897/2015 & CM No.23942/2015 ANGAD ARORA ..... Petitioner Through :

Mr. Rajat Aneja and Ms. Chandrika Gupta, Advs.

versus NORTH DELHI MUNICIPAL CORPORATION AND ANR ..... Respondents Through :

Ms. Monika Arora, Standing counsel with Mr. Kushal Kumar, Adv. For R1/NDMC.

Mr. Govind Goel and Mr. Kartik Jindal, Adv. For R-2/DDA.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.02.2016 By this writ petition under Article 226 of the Constitution of India, petitioner has challenged the show cause notice dated 28th August, 2014 as well as the sealing order dated 10th September, 2014 passed by the respondent no.1.

A perusal of the sealing order shows that it has been passed under Section 345-A read with Section 347 of the Delhi Municipal Corporation Act, 1957 (for short 'the Act'). Under Section 347 (1) (m) of the Act, appeal is provided against the sealing order. Since remedy of appeal is available to petitioner before the Appellate Tribunal of Municipal Corporation of Delhi, I am not inclined to entertain this writ petition.

At this stage, learned counsel for petitioner submits that he will approach the Appellate Tribunal, Municipal Corporation of Delhi (ATMCD) within two weeks. In case, any such appeal is filed within two weeks, the same shall be considered in accordance with law by the ATMCD without going into the question of limitation.

Writ petition is disposed of with the above directions. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

FEBRUARY 23, 2016/dk