RAJINDER RAI Vs. MCD

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for directions to the respondent/MCD not to take any coercive action in respect of premises bearing No.147-B, Gujjar Dairy, Gautam Nagar, New Delhi.

(2.) Learned Senior Advocate appearing for the petitioner states that the aforesaid premises were purchased by the petitioner by virtue of a sale deed dated 18.08.2008 (Annexure P-1). Prior to the purchase of the property by the petitioner, it was being used for commercial purposes and was sealed in the year 2007 in terms of the directions issued by the Monitoring Committee appointed by the Supreme Court of India. Subsequently, the predecessor-in-interest of the petitioner submitted an undertaking that the subject premises would be used only for residential purposes, on the basis of which, the premises was de-sealed on 11.09.2007 and was subsequently purchased by the petitioner in August 2008.

(3.) It is the contention of the petitioner that the said premises is being used for residential purposes and that he has got the premises registered under the National Capital Territory of Delhi (Incredible India) Bed & Breakfast Establishment Registration and Regulation Act, 2007 (hereinafter referred to as the Act). He further states that out of the built-up structure comprising of a basement, ground floor, first floor, second floor and third floor, whereon 12 rooms have been constructed, only five rooms have been registered under the Act. The said five rooms include two rooms on the ground floor and three rooms on the first floor. In support of the submission that five rooms are registered under the aforesaid scheme, the attention of this Court is drawn to the Certificate of Registration at 45, which shows that the same is valid w.e.f. 12.10.2009 to 11.10.2012. It is further stated that the remaining rooms are being used only for private residential purposes.