DELHI HC GRANTS TEMPORARY RELIEF: SHOP TO BE DE-SEALED FOR TWO DAYS

1. FACT OF THE CASE

A writ petition was filed before the High Court of Delhi challenging a sealing order issued by the Municipal Corporation of Delhi (MCD) on 25th November 2024. The order, passed under Section 345-A read with Section 347 of the Delhi Municipal Corporation Act, 1957 (DMC Act), resulted in the sealing of a shop in Chandni Chowk, Delhi, on 22nd May 2025. The petitioner sought relief from the High Court since the Appellate Tribunal MCD (ATMCD), the forum ordinarily competent to hear such appeals, was not functional due to the vacancy in the post of Presiding Officer.

2. ISSUE BEFORE THE COURT

The main issue before the Court was whether temporary de-sealing of the shop should be allowed so that the tenant could remove goods from the premises, given that the appellate forum (ATMCD) was not available at the time.

3. COURT HEARD ARGUMENTS

The petitioner contended that the sealing action had caused hardship and that the relief sought was only temporary — limited to allowing the tenant to retrieve his goods from the shop. It was emphasized that the petitioner would pursue the proper appellate remedy before the ATMCD once it became functional. The MCD, in response, maintained that any challenge to a sealing order must ordinarily be taken to the ATMCD and that the High Court should not entertain substantive arguments on the merits of the sealing order.

4. RELEVANT CASE LAW AND LAW DISCUSSION

The case centered around the application of Sections 345-A and 347 of the DMC Act, provisions that authorize MCD to seal premises for unauthorized construction or misuse. Normally, the ATMCD serves as the specialized forum for appeals against such actions. However, due to the tribunal being non-functional, the Court had to ensure that the petitioner was not left without an immediate remedy. The Court relied on the principle of access to justice and judicial intervention in extraordinary circumstances, while clarifying that it would not examine the merits of the sealing order itself.

5. COURT DIRECTIONS

The Court directed that the shop in Chandni Chowk be de-sealed temporarily for two days — on 3rd and 4th September 2025 — between 10:00 A.M. and 5:00 P.M. each day. During this period, officials of the MCD were to oversee the process, with the petitioner or her representative and the tenant present. The tenant was permitted to remove his goods, after which the property would be re-sealed. The petitioner was also given liberty to approach the ATMCD to challenge the sealing order once the tribunal became functional. The Court clarified that no opinion was expressed on the merits of the case and that the rights and contentions of both parties remained open for determination before the appropriate forum.

DATE OF DECISION

01.09.2025

CASE NUMBER

W.P.(C) 13383/2025