MOR SINGH KANDARI Vs. MCD

JUDGEMENT

(1.) THE present application is filed by the petitioners praying inter alia for directions to the respondents/MCD to de-seal their shops and allow them to continue their business from the allotted sites at Pitampura, Rohini Zone, in view of the status quo order dated 08.11.2011 passed in the present petition. Counsel for the petitioners states that on 14.2.2012, the respondent/MCD had taken sealing action in respect of the tehbazari sites in question. She further states that before taking the sealing action, the respondent/MCD did not pass any revocation order in terms of the second set of notices to show cause issued to the petitioners and, therefore, their sealing action is bad in law and liable to be set aside.

(2.) COUNSEL for the respondents states that the respondents/MCD had issued notices to show cause to the petitioners in November, 2011 pointing out that they were running the tehbazari sites in breach of the terms and conditions of allocation and asking them as to why action of revocation of tehbazari sites should not be taken against them. It is contended by him that none of the petitioners replied to the said notices to show cause and they submitted their replies only after a second set of notices to show cause were issued to them in December 2011, again calling upon them to explain as to why their tehbazari sites may not be revoked in view of the fact that they had not submitted any reply to the earlier notices to show cause dispatched to them.

(3.) IN view of the aforesaid grievance raised by learned counsel for the petitioners, it is deemed appropriate to direct the respondents/MCD to consider the representations of the petitioners in reply to the notices to show cause and pass appropriate orders thereon. The said orders shall be passed within a period of two weeks from today under written intimation to the petitioners. IN case the respondents/MCD arrives at the conclusion that the petitioners are in breach of any of the terms and conditions of allotment then, they be given a reasonable time to remove the said breaches and upon the petitioners expressing in writing their readiness and willingness to remove the said breaches and giving an undertaking to use the tehbazari sites allotted to them in accordance with the terms of the allotment within one week from the date of the decision conveyed by the MCD, the same shall be duly considered by the respondents/MCD and the decision taken in that regard shall be duly communicated to the petitioners within one week from the date of receipt of the undertakings furnished by each of them separately. The application is disposed of.