SDMC vs DEEPAK MEHTA

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 15th July, 2025 + CM(M) 3790/2024 & CM APPL. 16419/2021 SDMC .....Petitioner Through: Mr. Tushar Sannu, Standing Counsel for MCD with Mr. Parvin Kumar Bansal, Advocate versus DEEPAK MEHTA .....Respondent Through: Mr. Arun Malik, Mr. Dinesh Monga, Mr. Arjun Malik, Ms. Vrinda Awasthi and Mr. Kharanshu Rana, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The property in question is situated in Lajpat Nagar which was, eventually, converted to freehold. 2. It was sealed by SDMC on 25.07.2019. 3. Such action was challenged by the respondent herein by filing an appeal before learned Appellate Tribunal, MCD. Learned Appellate Tribunal, MCD allowed the appeal vide order dated 03.02.2020 while also holding that before taking any action under Section 345-A of Delhi Municipal Corporation Act, 1957, it was obligatory for the Corporation to have served a notice upon the person concerned and to have afforded him an opportunity of hearing, as sealing of the property affected the civil rights of citizens. 4. Such order was challenged by MCD by filing an appeal before the Signature Not Verified Digitally Signed CM(M) 3790/2024 1 By:SONIA THAPLIYAL Signing Date:17.07.2025 18:31:00 Appellate Authority i.e. learned District & Sessions Judge. 5. However, such Appellate Authority has also dismissed the appeal and directed the subject property to be de-sealed. 6. Such order is under challenge. 7. According to MCD, there were several misrepresentations and, moreover, the property in question was though residential but was being used for commercial purposes. 8. When the present petition was entertained on 17.05.2021, the direction regarding de-sealing of the property was directed to be stayed. 9. The mat