AMBER BAWA THROUGH ITS POA HOLDER M.S. BAWA vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th September, 2025 + W.P.(C) 14159/2025 & CM APPL. 58096/2025 AMBER BAWA THROUGH ITS POA HOLDER M.S. BAWA .....Petitioner Through: Mr. Shobhit Garg and Mr. Aayush Malhotra, Advs. (Through VC) versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Ashutosh Gupta, Adv. for MCD CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed challenging the sealing of the Unit Nos. S-1 and S-2 (front unit of second floor), F-3 and F-4 (rear unit of first floor) of the property bearing No. D-32, NDSE Part-I, New Delhi- 110049, by the Municipal Corporation of Delhi (“MCD”). 2. Learned counsel appearing for the petitioner draws the attention of this Court to the order dated 17th October, 2022, passed by the Monitoring Committee, wherein, the property in question has been directed to be permanently de-sealed. The order dated 17th October, 2022, passed by the Monitoring Committee, reads as follows: Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:15.09.2025 21:08:29 3. Learned counsel appearing for the petitioner also draws the attention of this Court to the order dated 10th April, 2017, passed by the Appellate Tribunal, MCD (“ATMCD”), in Appeal No. 609/ATMCD/2013, wherein, it has been directed as follows: Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:15.09.2025 21:08:29 “xxx xxx xxx xxx xxx xxx” 4. Issue notice. Notice is accepted by learned counsel appearing for the respondent-MCD, who submits that the present writ petition is not maintainable, as the petitioner is required to approach the Monitoring Committee with a prayer for de-sealing of the premises in question. He further submits that the petitioner