Prashant Pakhiddey, Mr. Manav Gill v. MUNICIPAL CORPORATION OF DELHI ORS

Through: Mr. Ashish Mohan, Sr. Adv. with Mr. Prashant Pakhiddey, Mr. Manav Gill and Mr. Shivang Gupta, Advs. M: 9818446714 versus MUNICIPAL CORPORATION OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Vashishtha, SC with Ms. Gunjan Rathore and Mr. Siddhartha Goswami, Advs. for MCD. M: 9999753811 Mr. Suhail Dutt, Sr. Adv. with Mr. Manish Biala and Mr. Devesh Ratan, Advs. for R-2 to 9. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R 27.03.2025 The present writ petition has been filed praying for directions to the % 1. respondent no.1, i.e., Municipal Corporation of Delhi (“MCD”), to seal the ground floor and basement of the property bearing no. F-4/8, Vasant Vihar, New Delhi-110057. 2. Learned Senior Counsel appearing for the petitioner submits that the petitioner is the owner of the second floor and terrace of the property in question, while the ground floor and basement are under the ownership and possession of the respondent nos. 2 and 3 herein. Since as per the case of the W.P.(C) 13049/2024 Page 1 of 5 This is a digitally signed order. 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 01/04/2025 at 14:39:28 petitioner, the respondent was carrying out certain commercial activities, the petitioner had filed a writ petition being W.P.(C) 13492/2023, which was disposed of vide order dated 12th October, 2023, wherein, it was recorded that the MCD shall carry out inspection and, in case any commercial activity is being carried out by the respondents herein, appropriate action shall be taken. 3. 12 October, 2023, in the following manner: The said writ petition was accordingly, disposed of vide order dated “xxx xxx xxx

2. Mr. Sanjeev Sabharwal. learned Standing Counsel for Municipal Corporation of Delhi ["MCD"], who appears on advance notice, submits that an inspection has been conducted and it prima facie appears that commercial activities are being undertaken in the basement and ground floor of the prope11y. MCD proposes to make further enquiries, and thereafter initiate appropriate proceedings and issue directions against the owners/occupiers of the basement and ground floor of the property, if necessary. He states that action will be initiated, if necessary, within a period of two weeks from today.

3. In view of the above statement of Mr. Sabharwal, Mr. Rakesh Tiku, learned Senior Counsel for the petitioner, submits that no further orders are required in this writ petition, which stands disposed of.

4. It is made clear that these submissions have been recorded without prejudice to the rights and contentions of respondent Nos. 2 to 9 herein, or any other owners/occupiers of the subject property, whose rights and remedies are expressly reserved. MCD is directed to take action, if any, strictly in accordance with law and after compliance with all statutory formalities.

5. Mr. Tiku submits that MCD may also be directed to look into the nature of the construction in the basement of the subject property and see whether it is an authorised or unauthorised construction. There is no prayer to that effect in the writ petition; however, it is always open to MCD to take appropriate action, in accordance with law, if any violation of the building bye-laws is found with respect to the subject property or any other part of the premises. W.P.(C) 13049/2024 Page 2 of 5 This is a digitally signed order. 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 01/04/2025 at 14:39:28 xxx xxx xxx”

4. Pursuant to the aforesaid order, a sealing notice dated 22nd November, 2023, under Section 345-A of the DMC Act, 1957 was issued by the MCD. 5. Thus, it is the case of the of learned Senior Counsel appearing for the petitioner that any activities being carried out by the respondents, are liable to be stopped, as the same are not permitted. 6. Per contra, learned Senior Counsel appearing for the respondents draws the attention of this Court to the documents filed on behalf of the respondent on 25th 7. Attention of this Court has been drawn to the document dated 02 March, 2025. December, 2024 issued by the office of Executive Engineer (Building)-1, South Zone, MCD, which is reproduced as under: W.P.(C) 13049/2024 Page 3 of 5 This is a digitally signed order. 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 01/04/2025 at 14:39:28

8. Attention of this Court has also been drawn to the letter dated 27th February, 2025 issued by the respondent no.3 to the MCD, wherein, it has been stated as follows:

9. A perusal of the aforesaid documents clearly shows that the MCD has accepted the use, conversion charges and one time parking charges from the respondent with respect to the professional services in the nature of consultancy services being offered by the respondents. 10. Accordingly, the prayer made in the present writ petition cannot be granted by this Court, in view of the acceptance of the conversion charges W.P.(C) 13049/2024 Page 4 of 5 This is a digitally signed order. 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 01/04/2025 at 14:39:28 and parking charges by the MCD. 11. At this stage, learned Senior Counsel appearing for the petitioner submits that the activity carried out by the respondents is in the nature of a commercial activity, and has wrongly been permitted by the MCD. 12. However, the said fact is disputed by the learned Senior Counsel appearing for the respondents. 13. Considering the aforesaid detailed discussion, no further orders are required to be passed in the present writ petition. 14. However, liberty is granted to the petitioner to take appropriate action, as per law, in case, the petitioner has any grievance against the action of the MCD, in permitting the respondent to carry out his professional/commercial activities in the premises, under the ownership and occupation of the respondent. 15. It is clarified that this Court has not expressed any opinion, as regards the merits of the permission granted by the MCD. The rights and contentions of all the parties are left open. 16. Accordingly, with the aforesaid directions, the present writ petition, along with the pending applications, stands disposed of. MARCH 27, 2025/kr MINI PUSHKARNA, J W.P.(C) 13049/2024 Page 5 of 5 This is a digitally signed order. 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 01/04/2025 at 14:39:28