NISHA SHARMA vs MUNICIPAL CORPORATION OF DELHI

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01st September, 2025 + W.P.(C) 13383/2025 & CM APPL. 54857/2025 NISHA SHARMA .....Petitioner Through: Mr. Awijit Paliwal, Adv. Mob: 8007969433 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI .....Respondent Through: Mr. Roshan Lal Goel and Ms. Anju Gupta, Adv. for R-MCD Mob: 9654169406 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J (ORAL): 1. The present writ petition has been filed challenging the Sealing Order dated 25th November, 2024, issued by the respondent-Municipal Corporation of Delhi (“MCD”), under Section 345-A read with Section 347 of the Delhi Municipal Corporation Act, 1957 (“DMC Act”). 2. Learned counsel appearing for the petitioner submits that the respondent-MCD issued the impugned Sealing Order dated 25th November, 2024, and subsequently, sealed the premises bearing Shop No. 421, Ground Floor, Kucha Brijnath, Chandni Chowk, Delhi-110006 on 22nd May, 2025. 3. Learned counsel appearing for the petitioner submits that the petitioner has approached this Court, since the Appellate Tribunal MCD (“ATMCD”) at Tis Hazari Courts, New Delhi, is not functional, as the post of the Presiding Officer of the ATMCD is currently vacant. Signature Not Verified Digitally Signed By:HARIOM SHARMA Signing Date:01.09.2025 21:14:25 4. Learned counsel appearing for the petitioner submits that the petitioner is only pressing for temporary de-sealing of the property in question before this Court, so that the tenant of the petitioner is able to take his goods out of the property in question. 5. Issue notice. Notice is accepted by learned counsel appearing for respondent-MCD, who submits that an appeal against a Sealing Order lies with the ATMCD. 6. Responding to the same, learned