DEVYANI INTERNATIONAL LIMITED Vs. MCD

JUDGEMENT

(1.) THE petition impugns the sealing action on 30 th March, 2011 by the respondent MCD of the portion of the ground floor of property No.J-12/38, Rajouri Garden, New Delhi-110 027 in the tenancy of the petitioner. Prior thereto, the respondent MCD had served a notice dated 23 rd March, 2011 under Section 345-A of the Delhi Municipal Corporation Act, 1957 calling upon the owner / occupant to stop the misuse and to bring the premises within the permitted use as per the Master Plan Delhi ? 2021 failing which, it was threatened that the premises will be sealed without further notice. It is the case of the petitioner that though the petitioner as well as the landlord of the petitioner filed affidavits with the respondent MCD to the effect that the misuse had been stopped and the use of the property was in accordance with the MPD-2021 but nevertheless the sealing was effected without even considering whether there was any misuse or not.

(2.) THE counsel for the respondent MCD appearing on advance notice however contends that after the undertaking / affidavits were filed as aforesaid, the premises were again inspected and finding the misuse, the action for sealing was undertaken.

(3.) THE counsel for the respondent MCD however contends that since the property aforesaid is situated on a mixed land use street, Clause 15.6.1. and not Clause 15.6.3. would be attracted. It is contended that Clause 15.6.3 applies to respondent properties but once the residential property is situated on a mixed land use street, it has to be governed by the Regulations as applicable on the said street. It is contended that under the Clause 15.6.2., a takeaway joint is also not permitted on a mixed land use street when it entails the activity of cooking as is inherent in a takeaway joint and as the petitioner is admittedly carrying on.