SHAHZEB RAZA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS writ petition is directed against order dated 16.07.2014, passed by the Sub -Divisional Magistrate, Kotwali, New Delhi. By virtue of the impugned order the petitioner's request for de -sealing the premises, which is a shop bearing no. 6540, situate at Main Road, Bara Hindu Rao, New Delhi (hereinafter referred as the premises in issue), has been declined on the ground that the petitioner has failed to obtain a No -Objection Certificate (NOC) from the landlord. This objection is articulated in the impugned order, which reads as follows:

(2.) NOTICE in this petition was issued, as far back, as on 28.07.2014. On that date, the respondent was represented by Mr Subodh Kumar. The notice was made returnable on 29.09.2014. On the returnable date, a request for accommodation was made on behalf of the respondent, whereupon the learned counsel for the respondent was directed to file a counter affidavit within a period of four weeks. The matter was re -notified, for today.

(3.) BEFORE I proceed further, I may record, briefly, the facts which have led to filing of the present petition. The premises in issue, was sealed on 20.04.2010, by the Delhi Pollution Control Committee, apparently, on the complaint of a neighbour. The allegation, was that, the petitioner was carrying on a "non -conforming" activity. Concededly, at the relevant time, the petitioner's father was alive. The petitioner's father, Sh. Zahid Raza, was the tenant of the premises in issue.