Writ petition seeking de-sealing of rooms in a property in an unauthorised colony sealed by MCD. The Court held that the appealable sealing order required the petitioner to approach the Appellate Tribunal for MCD and disposed of the petition with liberty to file an appeal, leaving limitation and merits open.
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$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
COMMISSIONER MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Rajan Tyagi, SC with Mr. Harpreet Singh Sodhi, Mr. Samar Partap Singh, Advocates for MCD.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN
O R D E R
% 06.12.2024 CM APPL. 71596/2024 ( for exemption )
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 16897/2024 & CM APPL. 71595/2024 ( for ex-parte ad-interim
order )
W.P.(C) 16897/2024
Page 1 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:00:45
located in an unauthorised colony.
W.P.(C) 16897/2024
Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:00:45
ATMCD against the sealing order 11.08.2023. All rights and contentions of the parties on limitation and on merits are left open for consideration by ATMCD.
PRATEEK JALAN, J
DECEMBER 6, 2024 “Bhupi/JM”/
W.P.(C) 16897/2024
Page 3 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/12/2024 at 13:00:45
1 issue framed by the court
Whether the writ petitioner could challenge sealing of her property in an unauthorised colony or must be relegated to the appellate remedy under Section 347B of the DMC Act.
3 provisions across 2 enactments
Manju Rawat
Commissioner Municipal Corporation of Delhi
Prateek Jalan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
