PRADEEP KUMAR GOYAL vs MUNICIPAL CORPORATION OF DELHI (MCD) & ANR.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 01st December, 2025 + W.P.(C) 18237/2025 & CM APPL. 75385/2025 PRADEEP KUMAR GOYAL .....Petitioner Through: Mr. Aditya Agarwal and Mr. Ankit Mutreja, Advs. Mob: 9891789459 & 9990206703 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI (MCD) & ANR. .....Respondents Through: Mr. Kapil Dutta, SC with Mr. Siddharth Parashar, Advocate for MCD Mob: 9811135509 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL): 1. The present writ petition has been filed seeking directions for quashing the Notice dated 08th July, 2025, passed by the Office of the Deputy Commissioner Najafgarh Zone, Municipal Corporation of Delhi (“MCD”) under Section 345-A of the Delhi Municipal Corporation Act, 1957 (“DMC Act”), wherein, the owner/occupier was directed to stop the misuse and bring the premises, i.e., M/s Aerosky Deluxe Hotel, Plot No. 64, Sector-17, Pocket-8, Block-C, Dwarka, New Delhi, within the permitted use, as per the Master Plan for Delhi, 2021. 2. It is submitted that the property in question was sealed on 24th July, Signature Not Verified Digitally Signed By:HARIOM SHARMA Page 1 of 6 Signing Date:02.12.2025 20:55:05 2025, despite the fact that the “bed and breakfast” facility, which was being run from the premises in question, is a permissible activity. 3. Per contra, learned counsel appearing for the respondent-MCD submits that the property in question was sealed pursuant to directions of the Monitoring Committee. He, thus, submits that in terms of the directions of the Supreme Court in the case of M.C. Mehta Versus Union of India and Others, 2022 SCC OnLine SC 2518, the petitioner is enjoined upon to approach the Judicial Committee as appointed by