Delhi High Court - Orders
Saroj Tyagi & Anr vs Municipal Corporation Of Delhi on 5 March, 2024
Author: Sachin Datta
Bench: Sachin Datta
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3283/2024
SAROJ TYAGI & ANR. ..... Petitioners
Through: Mr. R.K. Saini, Mr. Anubhav Tyagi,
Ms. Manisha Yadav and Ms. Alka
Nupur Singh, Advs.
versus
MUNICIPAL CORPORATION OF DELHI ..... Respondent
Through: Mr. Vishal Raj Sehijpal, Adv. for
MCD (through v/c)
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 05.03.2024 CM APPL.13558/2024 (Exemption) Allowed, subject to all just exceptions.
Application stands disposed of.
CM APPL.13557/2024 (seeking temporary de-sealing of so-called mezzanine floor and allowing commercial activities)
1. The present petition has been filed by the petitioners seeking a direction that the so-called mezzanine floor on plot No.B-12, Jagdamba House, Main Road, Commercial Complex, Dr. Mukherjee Nagar, Delhi- 110009 be declared as the first floor.
2. It is submitted that the petitioners purchased different portions of the said floor some time in 1987-88. It was only on 28.06.2023 that the petitioners received a show cause notice from the respondent/MCD alleging misuse of the so-called mezzanine floor of the property in question. The said show cause notice also mentions that the said floor can be used only for 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 07/03/2024 at 21:52:46 storage purposes, as per the sanctioned building plan. It is the contention of the petitioners that the said floor is a proper/regular floor and its description as a mezzanine floor in the sanctioned building plan is a misnomer.
3. It is submitted that the MCD, instead of examining the nature of the construction has proceeded to characterize the petitioner‟s property as a mezzanine floor without any application of mind.
4. It is submitted that after the property was sealed, an application dated 26.12.2023 was sent by the petitioners to the Deputy Commissioner, MCD vide which, it was stated as under:
" 26.12.2023 To The Deputy Commissioner Municipal Corporation of Delhi Civil Lines Zone, New Delhi-110054. Sir, SUBJECT: APPLICATION REQUESTING FOR DE-SEALING OF PREMISES AT B-12, MEZZANINE FLOOR, MAIN ROAD, MUKHERJEE NAGAR, DELHI-10009 BOOKED VIDE FILE NO.75/EE/B-1/MISUSE/SEAP/23 DATED 25.09.2023 I am the owner of premises being address B-12, MEZZANINE FLOOR, MAIN ROAD, MUKHERJEE NAGAR, DELHI-110009 which was given on rent to a coaching institute by the name of „Defence Arena‟.
Property was sealed by your office vide order dated 25.09.2023 on account of alleged misuse of the property. Upon sealing of the property, I have duly informed your office including the A.E. and the J.E. that there is no misuse of the property and the address has been wrongly mentioned as a „Mezzanine Floor‟ however in actually it is a proper „First Floor‟ and is not a mezzanine floor.
Moreover, as per the dimensions of the property, there is no requirement to obtain an NOC from the Fire Department.
The property was temporarily de-sealed by your office on my application;
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 07/03/2024 at 21:52:46 however, it has been now sealed again.
I have been thereafter visiting your office on regular basis requesting to de- seal my property, however, no action is being taken on my request.
It is therefore requested to kindly issue necessary directions for de-sealing of my property.
Thanking you Yours faithfully,
-sd-
Ashok Tyagi R/o 2nd Floor, B-12 Jagdamba House Main Road, Dr. Mukherjee Nagar Delhi-110009 Mobile: 9868324642"
5. It is submitted on behalf of the petitioners that no action whatsoever has been taken by the MCD pursuant to the said letter/application sent by the petitioners.
6. Primafacie, there is merit in the contentions of learned counsel for the petitioners. The description of the floor as a mezzanine floor is not determinative of the matter if the said floor is, in fact, in the nature of a first floor, and particularly if the dimensions of the property in question satisfies the requirements of a regular first floor.
7. In the circumstances, prima- facie, there is no reason why the MCD should not act on the request of the petitioners to de-seal the property, as requested vide the aforesaid application dated 26.12.2023.
8. Issue notice.
9. Learned counsel, as aforesaid, appears and accepts notice on behalf of the respondent/MCD. He seeks some time to take instructions. Let a reply be filed within a period of three weeks.
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 07/03/2024 at 21:52:46
10. In the meantime, let the MCD take a decision on the application dated 26.12.2023 of the petitioners and de-seal the property, in case the contentions made in the aforesaid application dated 26.12.2023 are found to be correct.
11. List on 22.04.2024.
SACHIN DATTA, J MARCH 5, 2024/cl 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 07/03/2024 at 21:52:47