ORDER 1A No. 2391 in 1A No. 2287 in WP (C) No. 4677 of 1985 1. The applicant herein challenges the sealing of the property in question. It is submitted by Mr Mukul Rohatgi, learned Senior Counsel appearing for the applicant that since this building falls under the local shopping centre, therefore, the applicant is entitled to use the building for commercial purposes though the initial sanction of the building was granted only for the residential purposes. 2. It is an admitted position that the building in question has not been converted as yet by Municipal Corporation of Delhi or any other local authority from residential to commercial purposes. In view of the fact that the applicant has started using the building for commercial purposes, even without obtaining any permission from Municipal Corporation of Delhi or any other local authority, the sealing action is absolutely justified. 3. Mr. Mukul Rohatgi, learned Senior Counsel appearing for the applicant submits that the area, where the building in question is situated, comes under the local shopping centre. That may be so. That is what appears from the affidavit sworn by Mr Ashok Kumar, Commissioner (Planning), Delhi Development Authority also. However, in our view, in view of the applicable provisions, it will be must for the applicant first to obtain necessary permission from the authority concerned i.e. Municipal Corporation of Delhi for change of the user from residential to commercial in the local shopping centre. 4. The applicant is permitted to approach Municipal Corporation of Delhi within fifteen days from today. Municipal Corporation of Delhi is directed to decide the said application, if necessary, by giving personal hearing to the applicant within three months from the date of filing of the application. IAs Nos. 2447-48, 2474-75 in IA No. 22 in WP (C) No. 4677 of 1985 5. At the request of Mr. Mukul Rohatgi, learned Senior Counsel appearing for the applicants, list these IAs on the next date of hearing. IA No. 2476 6. List this IA on the next date of hearing. IA No. 2470 7. Copy of Report No. 81 of the Monitoring Committee be given to the applicant within two weeks from today. Reply, if any, be filed, within two weeks thereafter. IAs Nos. 2456-57 8. Copy of Report No. 80 of the Monitoring Committee be given to the learned counsel appearing for the applicant within two weeks from today.
IA No. 2470 7. Copy of Report No. 81 of the Monitoring Committee be given to the applicant within two weeks from today. Reply, if any, be filed, within two weeks thereafter. IAs Nos. 2456-57 8. Copy of Report No. 80 of the Monitoring Committee be given to the learned counsel appearing for the applicant within two weeks from today. Reply, if any, be filed within two weeks thereafter. IA No. 2442 9. IA No. 2442 is restored. IAs Nos. 2437-38 10. Mr Sanjay Parikh, learned counsel appearing for the applicant submits that the applicant is prepared to rectify all the deviations in the property in question. However, since the building is sealed by the Monitoring Committee, the applicant is not able to do so. 11. The applicant is permitted to apply to the Monitoring Committee for de sealing of the property in question seeking permission on the ground of effecting essential repairs as the case may be and for removal of deviations. Let that application be filed within 15 days from today. The Monitoring Committee is directed to consider the same and decide upon it within three months from the date of filing of the application. IA No. 2482 12. The Monitoring Committee is directed to file a report with regard to the property in question. IAs Nos. 2484-85 13. Let an undertaking be filed by the applicant in the form of an affidavit for curing the defects regarding archiving, indexing and cataloguing of photo negatives for digital visual library, digitising/scanning of annual reports, dubbing of various versions of corporate films and commissioned programmes of Doordarshan Kendra. Let this be done within one week from today. Upon receiving of the affidavit, the Monitoring Committee shall consider the request of de sealing of the property in question. IAs Nos. 2489-90 14. The Monitoring Committee is directed to file a report with regard to the property in question. Court Masters