Mr. Rajeev Sharma Vs Municipal Corporation of Delhi & Anr.

The present writ petition has been filed seeking directions for temporary de-sealing of the Hall of the petitioner situated at First Floor in the property bearing No. A-17, situated in Gali No.2, out of Khasra No.10/1, Ambedkar Vihar, Johripur, Delhi-110094 .

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It is submitted that the petitioner is a tenant of the said hall, having rented the same from its owner, i.e., Smt. Sulekha Yadav.

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By way of the present petition, the petitioner seeks temporary desealing of the property for a limited period, in order to allow the petitioner to take out its goods from the sealed property.

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Mr. S.G. Goswami, counsel appears on behalf of the respondent no.2/owner on advance notice along with the respondent no.2, who is present in person, and submits that the subject property was rented out to the

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W.P.(C) 400/2026

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Page 1 of 3

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This is a digitally signed order.

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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 15/01/2026 at 13:26:57

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petitioner and the property continues to be in occupation of the petitioner.

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Counsel for the petitioner has drawn attention of the Court to previous orders passed by this Court permitting the tenants to remove their belongings/material from the premises which have been sealed, by temporarily de-sealing the premises.

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Counsel for the petitioner prays that the property be de-sealed for a period of seven (7) days to enable the petitioner to remove his goods/machinery/tools etc. lying in the property.

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Attention of the Court has been drawn to the order passed by the Division Bench of this Court in 15^th May, 2018 in W.P.(C) 4349/2017 where similar orders have been passed.

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It is agreed between the parties that the process to remove petitioner’s goods/machinery/tools etc. from the subject property shall commence from 19^th January, 2026.

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In view of the above, it is directed as follows:

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i. The Municipal Corporation of Delhi (MCD) shall effect de-sealing of the premises with effect from 19^th January, 2026 for the purpose of only permitting removal of the goods by the petitioner.

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ii. The petitioner shall ensure that the removal process is completed within seven (7) days from 19^th January, 2026.

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iii. The MCD shall ensure that the premises are re-sealed on 27^th January, 2026 or any prior date when the petitioner has removed all his goods.

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iv. The MCD shall ensure that no commercial activity is permitted in these premises in future.

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v. The respondent/MCD is permitted to video-graph the entire removal process, including taking photographs and making an inventory of the

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W.P.(C) 400/2026

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Page 2 of 3

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This is a digitally signed order.

¶35

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 15/01/2026 at 13:26:57

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belongings/machinery which is removed by the petitioner.

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vi. The SHO of the concerned area shall extend all cooperation in the aforesaid removal process.

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Liberty is granted to the owner/occupier of the subject property to file an appeal before the Judicial Committee as constituted by the Supreme Court in WP(C) 4677/1985 titled as M.C. Mehta v. Union of India [order dated 13^th September, 2022].

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Rights and contentions of the parties are left open.

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Needless to state, nothing in this order shall be construed as an expression of this Court on the merits of the case.

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The present petition along with all pending application(s) stands disposed of in terms of above.

AMIT BANSAL, J

JANUARY 13, 2026

Rzu

W.P.(C) 400/2026

Page 3 of 3

This is a digitally signed order.

¶48

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 15/01/2026 at 13:26:57

Mr. Rajeev Sharma v. Municipal Corporation of Delhi & Anr.

Case brief

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Mr. Rajeev Sharma v. Municipal Corporation of Delhi & Anr.

Case brief

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