Court Orders De-Sealing of Plaintiff’s Property in Gurugram: Advocate Anil Yadav Represents Case

June 19, 2024

2 min read

Municipal Corporation Authority Prevails Over Town and Country Planning Department

Gurugram — In a recent legal development, the Civil Judge (Senior Division) of Gurugram has directed the de-sealing of a property belonging to Mrs. Seema Dwivedi, which was previously sealed by the Department of Town and Country Planning (DTP), Gurugram. The court ruled that the action taken by the DTP was beyond its jurisdiction.

Case Background

The case, titled Mrs. Seema Dwivedi vs. DTP (E), Gurugram, saw the plaintiff, represented by Advocate Sh. Anil Yadav, argue against the sealing of her property. The plaintiff was using the premises for residential purposes but was served a show cause notice under Section 10(2) of the Haryana Development and Regulation of Urban Areas Act, 1975. The notice claimed that the plaintiff had violated the provisions of the Act.

Despite the plaintiff’s efforts to show compliance, the DTP sealed the property. The plaintiff contended that the DTP had no jurisdiction over the area, which falls under the Municipal Corporation Act, 1994. The case was supported by legal insights from Case Lawyer Anil Yadav.

Court’s Findings

During the hearing, the official from the defendant department argued that the property fell within their jurisdiction and that the plaintiff had undertaken illegal commercial activities without proper permissions. However, the court noted that the property is situated within the Municipal Limits, making the Municipal Corporation, Gurugram, the competent authority to take action.

Key Observations

The court referred to the Punjab and Haryana High Court’s decision in the case of “Rajat Kuchhal & Ors. vs. State of Haryana & Ors.,” which clarified that the Town and Country Planning Department has no jurisdiction to initiate proceedings in areas under the Municipal Corporation.

Judgment

Civil Judge Saurabh Gupta observed that the DTP had not established its authority to take action against the property within the Municipal Limits. The sealing of the property was deemed beyond the DTP’s jurisdiction, potentially causing irreparable loss and injury to the plaintiff.

The court ordered the DTP to remove the seals on the plaintiff’s property, restoring the plaintiff’s rights to use and enjoy the property peacefully. The case is scheduled for further proceedings on July 1, 2024, where the jurisdiction and validity of the DTP’s actions will be decided on merits.

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