Disposed
MCD v. Sunila
Delhi HCCM(M)/1215/2022
Case brief
AI extract
What is this about?
The High Court disposed of the petitioner's writ petition, directing the Tribunal to reconsider afresh whether the property falls within the 21,960 or 30,000 units sealed under Supreme Court directions and proceed expeditiously.
What did the court decide?
Petition disposed; Tribunal directed to reconsider unit categorization and proceed with appeal.
What the court decided
AI extract
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
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- % Date of decision: 25th September, 2024
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- CM(M) 1215/2022 & CM APPL. 48661/2022
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- MCD .....Petitioner Through: Mr. Ashutosh Gupta, ASC (MCD) versus
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- SUNILA .....Respondent Through:
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CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)
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- The respondent herein had filed one appeal under Section 347B of Delhi Municipal Corporation Act before the learned Presiding Officer, MCD Appellate Tribunal in the year 2021 which was registered as Appeal No.317/2021.
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- When the above said appeal was taken up by the learned Tribunal on 10.06.2022, noticing that it was not part of the 21,960 units qua which an affidavit had been filed by the Commissioner, MCD before the Hon’ble Supreme Court in Writ Petition (Civil) No.4677/85 in M.C. Mehta vs. Union of India, it directed MCD to inspect the property, calculate the misuser charges and to deseal temporarily and then to reseal.
Issues for consideration
1 issue framed by the court
AI extract
Whether the High Court should dispose of the petition and remand the matter to the Tribunal for fresh determination of whether the property was included in sealed units.
Parties & counsel
AI extract
- petitioner
MCD
- respondent
Sunila
Coram
AI extract
Manoj Jain
Case details
As recorded by the court registry
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