- (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. 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.
(3.) 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;