Delhi District Court
Aruna Kumari vs (1)East Delhi Municipal Corporation on 16 September, 2014
IN THE COURT OF SHRI P.S. TEJI : DISTRICT& SESSIONS
JUDGE (EAST) : KARKARDOOMA COURTS, DELHI
MCD (A) No.13/2014
Unique Case ID No.02402C0262252014
Aruna Kumari
W/o Sh. Ambrish Kumar
R/o 216, Supreme Enclave,
Mayur Vihar Phase1,
Delhi.110091. ... Petitioner
Versus
(1)East Delhi Municipal Corporation
Vishwas Nagar Extension,
Shahdara, Delhi.
(2)DDA, Vikas Sadan, INA, New Delhi.
(3)Monitoring Committee
Indian Habitat Centre,
Lodhi Road, New Delhi. ... Respondents
Date of Institution : 02.09.2014
Date of order reserved : 08.09.2014
Date of order : 16.09.2014
O R D E R
The present appeal under section 347D of the MCD(A)No.13/14 Aruna Kumari Vs. East DMC etc. Page 1 of 4 Delhi Municipal Corporation Act, 1957 has been filed against judgment dated 19.05.014, passed by MCD Appellate Tribunal. 2 Vide order dated 19.05.2014, MCD Appellate Tribunal has disposed of six appeals titled Smt. Utpala Mukherjee Vs. East Delhi Municipal Corporation, Sh. Girish Kumar Dixit Vs. East Delhi Municipal Corporation, Smt. Kusum Gupta Vs. East Delhi Municipal Corporation, Ms. Lajwanti Vs. East Delhi Municipal Corporation, Ms. Rajeshwari Sati Vs. East Delhi Municipal Corporation and Ms. Kimpreet Shoor Vs. East Delhi Municipal Corporation. While disposing the above mentioned six appeals, the MCD Appellate Tribunal made the observation that no desealing is allowed in any portion of the building owned/occupied by any of the appellants due to encroachment on government land, so the sealing action carried out by the MCD under the directions of the Monitoring Committee has been upheld.
3 The appellant in the present appeal has submitted that she is aggrieved by the observations made by the MCD Appellate Tribunal while disposing of above mentioned six appeals. The admitted position is as under :
(I) The above mentioned appeals were treated on the MCD(A)No.13/14 Aruna Kumari Vs. East DMC etc. Page 2 of 4 Interim Application made by various occupants in Hon'ble Supreme Court against the sealing of their premises. Admittedly, the appellant never moved any petition to Hon'ble Supreme Court against the direction given in CWP No.4677/1985 titled M.C. Mehta Vs. Union of India's case or shown her grievance against the same. (II) The present impugned order dated 19.05.2014 was passed in six appeals titled Smt. Utpala Mukherjee Vs. East Delhi Municipal Corporation, Sh. Girish Kumar Dixit Vs. East Delhi Municipal Corporation, Smt. Kusum Gupta Vs. East Delhi Municipal Corporation, Ms. Lajwanti Vs. East Delhi Municipal Corporation, Ms. Rajeshwari Sati Vs. East Delhi Municipal Corporation and Ms. Kimpreet Shoor Vs. East Delhi Municipal Corporation but the appellant did not prefer any appeal before the MCD Appellate Tribunal.
(III) The appellant neither filed any appeal before the MCD Appellate Tribunal nor moved any application to be a party before the Appellate Tribunal.
(IV) Even in order dated 19.05.014 passed by MCD Appellate Tribunal, the name of the appellant does not figure as party or in the order itself.
MCD(A)No.13/14 Aruna Kumari Vs. East DMC etc. Page 3 of 4
(V) The observations made by MCD Appellate Tribunal is in view of order of Hon'ble Supreme Court in case of M.C. Mehta Vs. Union of India (CWP No.4677/1985).
4 The present appeal has been filed under section 347D of Delhi Municipal Corporation Act by the appellant without being party to any order annexed with the appeal, without being party before the MCD Appellate Tribunal passing the impugned order dated 19.05.2014, without having name of the appellant in the appeal before the MCD Appellate Tribunal & in the proceedings and without showing any cause of action.
5 Consequently, the appeal under section 347D of Delhi Municipal Corporation Act is not maintainable and dismissed as such. File be consigned to record room.
Announced in the open Court ( P.S. TEJI )
Dated: 16.09.2014 District & Sessions Judge (East)
Karkardooma Courts : Delhi
MCD(A)No.13/14 Aruna Kumari Vs. East DMC etc. Page 4 of 4