SAVITA RANI JAIN Vs. MCD

JUDGEMENT

(1.) THE two writ petitions have been preferred impugning the notices dated 8th March, 2010 under Section 345A of the Delhi Municipal Corporation Act, 1957 calling upon the petitioner in each case to stop misuse of property known as 1, Shiv Mandir, Taimoor Nagar, New Delhi within 48 hours and threatening sealing of the property upon failure to so stop the misuse.

(2.) THE petitions came up first before this Court on 18 th March, 2010 and 19th March, 2010 respectively when while issuing notice to the respondent MCD, the order dated 24th February, 2010 of the Nodal Steering Committee appointed by this Court in Kalyan Sanstha Social Welfare Organization Vs. Union of India and pursuant whereto the action of sealing against the properties of the petitioners was threatened, was stayed with the clarification that the stay would not operate against any order passed by the Monitoring Committee appointed by the Supreme Court. THE petitioners were also restrained from carrying out any additions, alternations, renovations, repair work in the properties.

(3.) THE counsel for the petitioners has today urged that appeal is provided against the "order" of sealing and not against the notice under Section 345A impugning which these writ petitions have been preferred. He thus contends that the writ petitions would be maintainable.