Rulings regarding de-sealing of premises/property in Delhi

Delhi High Court Judgements

1. When property has to be de-sealed-a. An order to de-seal can be granted in the nature of an injunction if their case was covered

by the three well established principles, namely, (1) on making out a prima facie case, (2) on showing balance of convenience in their favor, in that the refusal of the injunction would cause greater inconvenience to them and (3) whether on refusal of the injunction they would suffer irreparable loss.[ Chandu Lal vs Municipal Corporation Of Delhi(AIR 1978 Delhi 174)].

b. Any property sealed without notice and passinig order has to be desealed.[ Unique Innovation Pvt . Ltd . vs . MCD ( 03 . 02 . 2011 - DELHC )]

c. A property cannot be indefinitely sealed is correct if respondents have expressed a willingness to file undertakings before the Commissioner MCD that they would not misuse the premises in question and would strictly use the same for a residential purpose.[ LPA No. 652/2011 entitled " Municipal Corporation of Delhi Vs. Afsar & Ors.]

d. The MCD cannot seal a property acting ultra vires the provisions of law.( this has been impliedly inferred from –“ No such power vested in the MCD to seize/seal premises from where activities in contravention of the Delhi Agricultural Cattle Preservation Act, 1994 are being carried out”-[ In The Matter of Mohd. Iqbal vs. Commissioner Mcd & Anr. (2012IVAD (Delhi)90)]. & Petitioner without sanction of law cannot be deprived of his property.(here also misuse under a different enactment other than mcd and dda was in question) [Munna vs . The Commissioner ( MCD ) and Anr . ( 04 . 01 . 2011 - DELHC )]

e. When the Defendants have given a clear and unequivocal undertaking to vacate the suit property after de-sealing, the dispute with regard to physical vacant possession of the suit property was finally settled between the parties .[ Surjit Singh and Anr . vs . Express Retail Services Pvt . Ltd . and Ors (08 . 09 . 2009 - DELHC )]

f. Given the fact that the ex-Management has undertaken to pay all current dues immediately and to follow all the conditions, there can be no impediment in permitting the factory premises to be de-sealed and handed over to the ex-Management.[ Thermo pack Industries vs . Ajay Electrical Industries Ltd . ( 22 . 12 . 2009 - DELHC )([2010]153CompCas470(Delhi))]

g. If in any case it is found that building or construction raised on a sub-divided plot or any part thereof is in terms of Municipal and building bye laws and yet has been sealed same shall be de-sealed.[ Anil Diwan and Ors. etc. etc. vs. Municipal Corporation of Delhi and Ors. etc. etc. (148(2008)DLT697)].

h. Mere misuser could not result in a cancellation order in cases where the misuse was capable of being remedied.[ Hari Prakash Edn . Welfare Society vs . DDA and Anr . ( 07 . 08 . 2008 - DELHC )(152(2008)DLT84)].

i. Status Quo to be maintained in case of irreparable injury-(inferred from the following text-Sealing action by the Respondent MCD of the portion of the ground floor of property in the tenancy of the Petitioner, under challenge in present petition - Held, considering that the business was already being carried on by the Petitioner therefrom and which had been interrupted owing to the sealing action aforesaid and in the event of the Petitioner succeeding, the losses to the Petitioner would be irreparable, it was deemed expedient to in the meanwhile direct de-sealing of the property forthwith on the condition that the Petitioner would not allow any sitting activity therein and should maintain status quo and should not cause any impediment as to re-sealing, if any, of the property pursuant to the decision to be taken by the Respondent MCD as aforesaid.[ Devyani International Limited vs . MCD ( 05 . 04 . 2011 - DELHC )]

j. Premise has to be de sealed if the principles of natural justice has not been complied with.[ Parveen Ahuja vs . MCD and Ors . ( 05 . 07 . 2011 - DELHC )& Satish Kumar vs . MCD ( 08 . 02 . 2007 - DELHC )]

2. When property cannot be de-sealed-a. So long right of parties and disputes are not determined in appropriate Forum, property

cannot be de-sealed.[ Shri Gulzar Ahmad vs . Municipal Corporation of Delhi and Ors . ( 25 . 02 . 2008 )]

Supreme Court Judgements

1. Whether MCD under the DMC Act, 1957 has power to seal the premises in case of its misuser?- Yes ( para 15,21,22,23,24,28,29,35 36,37,and 38 )-M.C. Mehta v. Union of India, (2006) 3 SCC 399.

2. Whether DDA, under section 31-A of the Delhi Development Act,1957 has also similar power of sealing in case of misuser?- No (para 43,45 and 46)-M.C. Mehta v. Union of India, (2006) 3 SCC 399