Supreme Court - Daily Orders
Varun Kant Aggarwal vs The Chief Secretary Govt. Of Nct Of Delhi on 11 December, 2021
Bench: B.R. Gavai, Krishna Murari
IN THE SUPREME COURT OF INDIA
ORIGINAL WRIT JURISDICTION
WRIT PETITION (CIVIL) NO.716 OF 2021
VARUN KANT AGGARWAL Petitioner(s)
VERSUS
THE CHIEF SECRETARY GOVT. OF NCT OF DELHI & ORS. Respondent(s)
O R D E R
The petitioner has approached this Court praying for quashing/setting aside the notice dated 08.08.2019 (Annexure P-1), the sealing order dated 26.08.2019 (Annexure P-2) issued by the respondent No.6 and for directing the respondents to de-seal the shop of the petitioner forthwith.
The petitioner has also challenged the Show Cause Notice No. DPCC/CMC-II/2020/Dispatch No.836-37 dated 28.02.2020 (Annexure P-
3).
We have heard Mr. Dushyant Dave, learned Senior Counsel and Mr. Jaideep Gupta, learned Senior Counsel both appearing for the petitioner, Mr. Sanjiv Sen, learned Senior Counsel appearing for the respondent Nos.3 & 6 and Mr. D. N. Goburdhan, learned Advocate-on-Record appearing for the respondent No.5.
Mr. Dushyant Dave, learned Senior Counsel and Mr. Jaideep Gupta, learned Senior Counsel appearing for the petitioner Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2021.12.16 10:36:19 IST submitted that the petitioner owns a small commercial shop of spare Reason: 1 parts for two wheelers in a commercial area. The said shop admeasures approximately 18-19 ft. and it is improbable that any industrial activities can be carried out in such premises as alleged. It is submitted that the activity of selling spare parts from the said shop is legal and permissible, however, the said shop has been sealed and Show Cause Notice has been issued, thereby, depriving the petitioner of his only source of livelihood. Mr. Sanjiv Sen, learned Senior Counsel appearing for the respondent Nos.3 & 6, fairly states that if the petitioner gives an undertaking that he will not use the said premises for the activities, which are not permissible in the subject shop, the said respondents have no objection for de-sealing the shop. Mr. D. N. Goburdhan, learned Advocate-on-Record appearing for the respondent No.5 vehemently opposes the petition. The petitioner had made a representation to the respondent- authorities on 04.09.2020 stating that he shall not carry out any non-conforming activity from the subject shop. He further submitted in the representation that, however, the Monitoring Committee without hearing him had passed the order dated 10.08.2020. It is pointed out that the petitioner has filed an undertaking on affidavit dated 25.03.2021. It will be relevant to record the contents of the said undertaking:
“ Undertaking of an affidavit (Affidavit) I, Varun kant Aggarwal, S/o, Late Sh. R.P. Aggarwal, aged 70 years, R/o R-90, Green Park, Main, New Delhi-110016 do hereby solemnly affirm and state as under:-2
1. That, I am the owner of the shop by the name of M/s. Green Automobiles situated at R-1 Green park Main, New Delhi-110016. I am authorized to file this affidavit.
2. That, the said premises was being used as a shop of spare parts for two wheelers/scooters.
3. That, the electricity connection was disconnected by order of Enforcement team dt. 15.11.2019 headed by SDO, Mr. Phool Singh.
4. That, the said premises was sealed by the Enforcement Team on 28.08.2019.
5. That, I seek de-sealing of the said premises and restoration of electricity connection of the said premises for the purpose of doing conforming activity within the said premises.
6. That, I undertake not to carry out any non-
conforming activity in the existing premises after it is de-sealed and this premises will be used only in a conforming manner.
7. That, I undertake to abide by the conditions/directions which may be prescribed by the SDMC and in the event of breach of any of the conditions/directions, the premises may be sealed again and I am liable to face legal action under the law.
DEPONENT VERIFICATION 3 Verified at Delhi on this 25th day of March, 2021 that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.
DEPONENT” In the peculiar facts and circumstances of the case, we find that the petition deserves to be allowed. The petitioner has already undertaken that he shall not carry out any non-conforming activity in the existing premises after it is de-sealed and the premises will be used in the conforming manner. He has further undertaken to abide by the conditions and directions, which may be prescribed by the respondent No.6/SDMC.
We make it clear that since the present order is passed in the peculiar facts and circumstances of the case, the order shall not be treated as a precedent.
The Writ petition is allowed in terms of prayers (a) and (b). No order as to costs.
...................J. (B.R. GAVAI) ...................J. (KRISHNA MURARI) New Delhi;
December 11, 2021
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ITEM NO.22 Court 17 (Video Conferencing) SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 716/2021
VARUN KANT AGGARWAL Petitioner(s)
VERSUS
THE CHIEF SECRETARY GOVT. OF NCT OF DELHI & ORS. Respondent(s)
(FOR ADMISSION and IA No.74411/2021-CLARIFICATION/DIRECTION and IA No.74412/2021-PERMISSION TO FILE LENGTHY LIST OF DATES ) Date : 11-12-2021 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Dushyant Dave, Sr. Adv.
Mr. Jaideep Gupta, Sr. Adv. Mr. Pradeep Agarwal, Adv. Ms. Ruchi Kohli, AOR For Respondent(s) Mr. Jayant K. Sud, ASG Mr. Gurmeet Singh Makker, AOR Mr. Diyansh H. Rathi, Adv. Mr. Adit Khorana, Adv.
Ms. Aakansha Kaul, Adv.
Mr. Sanjiv Sen, Sr. Adv. Mr. Praveen Swarup, AOR Ms. Payal Swarup, Adv.
Ms. Pooja Sharma, Adv.
Ms. Archana Sharma, Adv. Mr. Syed Jafar Husain, Adv.
Mr. Nitin Mishra, AOR Mr. D. N. Goburdhan, AOR Ms. Gauri Goburdhun, Adv.
Mr. Chirag M. Shroff, AOR Ms. S. Janani, AOR Mr. Dhiraj Kumar, Adv.
Mr. Sanveer Mehlwal, Adv. Mr. Abdul Gaffar, Adv.
Ms. Geetanjali Mehlwal, Adv.5
Mr. Sunil Fernandes, AOR Ms. Nupur Kumar, Adv.
Mr. Prastut Dalvi, Adv. Mr. Darpan Sachdeva, Adv. Mr. Shubham Sharma, Adv.
UPON hearing the counsel the Court made the following O R D E R The present writ petition is allowed in terms of the signed order.
Pending application (s), if any, stand disposed of.
(ARUSHI SUNEJA) (KAMLESH RAWAT)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
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