RAJESH KAPOOR Vs. DELHI CANTONMENT BOARD

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers:

(2.) In substance the challenge in the writ petition is to the communication dated March 07, 2018 by which the respondents have sealed the shop at ground floor of premises bearing No.IV/1/73, Gopi Nath Bazar, Delhi Cantonment on the ground that addition / alternation / modifications are being carried out unauthorisedly in contravention to the provisions of the Cantonments Act, 2006 ("Act of 2006" in short).

(3.) It was the submission of Mr. Vikas Dhawan, learned counsel for the petitioner that the impugned order under section 249(1) of the Act is in violation of the principle of natural justice, inasmuch as the petitioner has not been given notice / hearing before the property has been sealed. According to him as per whatsapp messages exchanged between the CEO of the Board and the Junior Engineer, it is clear that the petitioner was carrying out the work of plastering, repairs and change of electrical wiring. So, a notice / hearing is pre-requisite before the sealing is effected as the petitioner could have clarified the position that there is no alteration / additions / modification, the grounds on which the respondents effected the sealing. In fact, it was his submission that the CEO, himself directed the Junior Engineer to give notice to the petitioner before effecting the sealing. Unfortunately, no notice has been given to the petitioner. That apart, it was his submission that the power to seal unauthorized construction under Section 249(1) of the Act of 2006 is pursuant to an order of demolition under Section 248(1) or stoppage of erection of any building or execution of any work, and such power is exercisable only within 12 years of such erection or re- erection, which in this case was in the year 2004. Hence, the impugned order is liable to be set aside on this ground as well.