Delhi High Court - Orders
Surjeet Kaur & Anr vs Govt. Of Nct Of Delhi & Ors on 25 August, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14099/2018
SURJEET KAUR & ANR. ..... Petitioners
Through: Mr. Varun Mehlawat, Advocate
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rishikesh Kumar, ASC with Mr.
Muhammad Zaid and Ms. Sheenu
Priya, Advocates for respondent No.1.
Mr. Tushar Sannu, Standing Counsel
with Ms. Pooja Gupta, Advocate with
Sh. Anil Verma, ASO and Sh. K.G.
Mann, SO, MCD/respondent No.2.
Mr. Musheer Zaidi, Advocate for
respondent No.3.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 25.08.2022 CM.APPL No. 54950/2018 (Exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 14099/2018 & CM. APPL. No. 54949/2018
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners amongst others have sought directions to the respondents to allow the petitioners to run trade/industrial activities from property bearing No. RZ-120, Narsingh Garden, Khyala, Delhi (hereinafter, referred to as the 'subject property') as per the provisions of MPD- 2021.
Signature Not VerifiedDigitally Signed By:SANGEETA ANAND Signing Date:26.08.2022 15:48:10
2. Mr. Varun Mehlawat, learned counsel for the petitioners submits that the subject property forms part of Narsingh Garden, Khyala Industrial Cluster, which has been notified as re-development area under the provisions of MPD- 2021. He further submits that industrial activities are permitted in such areas.
Learned counsel for the petitioners has drawn attention of the Court to the order dated 30.01.2020 passed by a Co-ordinate Bench of this Court in W.P.(C) 12678/2018, titled as Rajendra Prasad Jain v. South Delhi Municipal Corporation (SDMC) & Ors., wherein it has been held as under:
"1. This writ petition is filed by the petitioner to restrain respondent No.1 from sealing and/or closing the industrial unit/premises of the petitioner being RZ-128, Narsing Garden, Khayala Industrial Area, New Delhi.
2. The Deputy Commissioner (Industries), Govt. of NCT of Delhi, has filed counter affidavit wherein it has been stated that Narsingh Garden, Khayala Industrial Cluster has been notified as re- development area under the provisions of MPD-2021. It is further pleaded that in the case of M.C. Mehta vs. Union of India & Ors., pending in the Supreme Court, 48th progress report was submitted with the Monitoring Committee. Thereafter, the Supreme Court directed on 11.10.2018 that 21960 industrial units who have been allotted alternate industrial plots under the Relocation Scheme should be closed down, if they have not already closed down their operations. The name of the petitioner does not figure in the said list of 21960 industrial units.
3. Para 10 of the affidavit states as follows:
"10. That, vide letter No.FCI/DCI/P/REDV/84/2018- 19/1008- 1010 dated 19.12.2018 (Annexure-1) clarification reiterating the letter dated 15.01.2010 regarding sealing of industrial units located in industrial clusters notified for re-development under MPD-2001 and MPD-2021 was sent to all the Municipal Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:26.08.2022 15:48:10 Corporations. The clarification furnished vide letter dated 15.01.2010 as follows:
(i) That, industrial units located in 22 clusters notified for re-development were not required to be sealed as they were not considered eligible for allotment of plots under Relocation Scheme on the ground that industrial units are allowed to operate in such industrial clusters if the unit falls within the boundaries of the cluster notified for re-development. The maps of 22 industrial clusters (as per respective jurisdiction of Municipal Corporations) as per notification for re-development were also sent to the concerned Municipal Corporation."
4. Similarly, the respondent No.1/South Delhi Municipal Corporation in its counter affidavit states as follows:
"7. That the contents of Para 7 are denied for want of knowledge of the answering respondent. However, it is specifically denied that the respondent No.1 is adamant to proceed for sealing the applicant's premises as clarification through Commissioner of Industries, GNCTD has already been issued for not to seal the units/industries running in the conforming/redevelopment industrial area and having valid Mpl. Factory License."
5. Keeping in view the above stand taken by the Department of Industries and SDMC, it is manifest that at present there is no intention to seal the units/industries running in the conforming/re- development industrial area and having Mpl. Factory License and hence there is no imminent threat of any sealing to be done.
6. In view of above, the present petition and pending application stand disposed of."
3. Mr. Tushar Sannu, learned Standing Counsel appearing for respondent No. 2/Corporation, on instructions, confirms that the subject Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:26.08.2022 15:48:10 property falls within the conforming/re-development industrial area and are squarely covered by the judgment passed by the Co-ordinate Bench of this Court. It is also informed that the petitioners are having valid and subsisting Municipal Factory License and as such there is no imminent threat of any sealing.
4. Keeping in view the aforenoted submissions made on behalf of respondent No. 2/Corporation, the present petition is disposed of, alongwith pending applications, if any.
MANOJ KUMAR OHRI, J AUGUST 25, 2022/v Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:26.08.2022 15:48:10