H.K. CHOUDHARY Vs. N.D.M.C

JUDGEMENT

(1.) BY way of this writ petition the petitioner impugns the order of sealing passed under Section 250 of the New Delhi Municipal Council Act, 1994 by the respondent on 27.06.2008 in respect of the petitioner's premises i.e. Choudhary Guests House situated at H-35/3, Connuaght Place, New Delhi. The impugned order reads as follows:-

(2.) THE submission of learned senior counsel for the petitioner, Mr. Sethi, is that the impugned order is vague, inasmuch as, while alleging the raising of unauthorized construction the order does not state as and when the so called unauthorized construction was raised, and which portion of the construction, according to the respondent, is unauthorized. He also refers to the show cause notice issued by the respondent which preceded the issuance of the impugned order. The relevant part of the show cause notice reads as follows :-

(3.) THE petitioner also points out that the respondent itself had conducted an inspection and prepared a report in respect of the premises in question. The inspection report prepared in December 2005 records that the petitioner has constructed a four storeyed building without prior approval of the NDMC. It further records that a three storeyed building including one cabin measuring 6 ft. X 6 ft. on the terrace is found to be running a guest house without the health licence. However, the party furnished a copy of a stay order passed by this Court for running of a guest house. It further records that in the three storeyed structure, the petitioner is running a paying guest house in three floors and partly the same has been rented out at ground floor and first floor, respectively. During inspection no construction activity was noticed. The repot further records that from the documents furnished, it seems that the construction is old and no fresh construction activity was carried out by the occupants of the premises.