TSI DISPLAYS P LTD Vs. MCD

JUDGEMENT

(1.) The petitioner company is occupying the basement of S-248 in Greater Kailash-II, New Delhi and is using the same for carrying on its professional/business activities like preparation of architectural plans, designs and drawings for exhibitions held in India and abroad. In terms of a letter addressed by the authorized signatory of the petitioner company to the Superintendent of Central Excise, a copy whereof has been produced along with the writ petition, the petitioner is also working as a Pandal and Shamiana contractor and an event manager. The company is, now, aggrieved of the sealing of the premises by the MCD authorities and has prayed for directions for de- sealing of the same. A mandamus directing the respondents to permit the petitioner company to carry on its professional/business activities from the premises in question has also been prayed for.

(2.) It is argued by Mr. Paul on the basis of the above that the proper remedy for the petitioner was to approach the Monitoring Committee or to seek redress before the Supreme Court if the Committee did not direct the de-sealing of the premises.

(3.) Mr. Chawla, learned counsel for the petitioner, at this stage, submits that the petitioner was ready and willing to approach the Monitoring Committee provided the Committee is directed to expedite the disposal of the request for de-sealing. The Monitoring Committee is not a party in the proceedings before us. In the circumstances, it would not be appropriate for us to issue any directions as demanded by the petitioner. Even so, we hope and trust that once an application for de-sealing is filed before the Monitoring Committee, it would deal with the same expeditiously having regard to the fact that the professional/business activities of the petitioner have been shut down for nearly one month now. Whether or not the petitioner is entitled to use the premises is a matter that ought to be decided quickly so that in the event of the petitioner being held disentitled to continue using the premises, it can explore the possibilities of shifting to another premises. With these observations, this writ petition is disposed of leaving the parties to bear their own costs.