DHANWANT SINGH Vs. M C D

JUDGEMENT

(1.) With the consent of the parties, the matter is taken-up for final disposal.

(2.) This petition is directed against an order/action sealing of premises taken by the respondent Municipal Corporation of Delhi (hereafter called "the MCD"). The petitioner is the owner and occupier of several portions of property bearing No. C-14, Rajouri Garden, New Delhi (hereafter referred to as "the suit premises"). It is averred that the suit premises were purchased by the petitioner in 1998. The property is built on a 400 square yard plot.

(3.) Sometime in the year 2000 the MCD took action by way of partially demolishing the suit premises on account of unauthorised construction. The petitioner avers that in February 2001, it secured a licence under Section 421 of the Municipal Corporation Act (hereafter called "the Act") for running eating house in respect of the ground and first floor of the suit premises. It is also claimed that the licence was further renewed and is in existence till 31st December, 2005.