Final Order 7

Order Details: COPY OF ORDER
Pdf Text: Civ Suit 2/25 Bali Arya vs. MCD pg. no. 1/2
Civ Suit 2/25
Bali Arya Vs MCD
16.09.2025
ORDER
1. Vide this order, the preliminary issue / maintainability
of the suit shall be adjudicated upon.
2. Arguments have been heard. Record has been perused.
3. The present suit has been filed seeking a decree of
permanent injunction restraining the defendants from forcibly
sealing or interfering with the peaceful possession and use of the
suit property by the plaintiff without due process of law. It has been
claimed in the plaint that officials of MCD and police officials
visited the plaintiff’s shop and attempted to forcibly seal it without
any cause of action and without producing any sealing order.
However, the defendants alongwith the status report filed by them
have annexed copy of sealing order dated 04.07.2025 issued to the
plaintiff.
4. A bare reading of the DMC Act makes it clear that the
jurisdiction of the civil court is barred by virtue of Section 347 E of
the DMC Act as sealing orders passed under Section 345 A are
appealable before the Appellate Tribunal MCD u/s 347 B (m) of
the DMC Act. In the case at hand, the plaintiff’s core relief is to
restrain sealing of the suit property by the defendants. In other
words, they wish to challenge the sealing order dated 04.07.2025
issued to the plaintiff. This relief can only be claimed from Ld.
ATMCD by virtue of Section 347 B (m) and Section 347 E DMC
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Civ Suit 2/25 Bali Arya vs. MCD pg. no. 2/2
Act. Further, the objection of the plaintiff that no sealing order was
served upon the plaintiff can be raised before the Ld. ATMCD
while challenging the said sealing order.
5. Furthermore, the judgment of
Laxmi Rawat vs. MCD
and Ors. in RCA Civl DJ ADJ No. 72/2023 passed by Ld. DJ-02,
South West District Dwarka, Court, Delhi is not applicable to the
facts of the present case. In that case, the notice issued under
Section 349 DMC Act was challenged while in the present case
sealing order passed under Section 345 A DMC Act is being
challenged. The latter, as mentioned earlier, can only be challenged
before the Ld. ATMCD by virtue of Section 347 B (m) of DMC Act
and the jurisdiction of this court is barred specifically under Section
347 E.
6. In view of the above, the preliminary issue i.e.
‘Whether the present suit is barred by virtue of Section 347 E r/w
Section 347 B DMC Act?’ is decided against the plaintiff.
Accordindly the suit is held to be not maintainable in view of
Section 347 E r/w section 347 B (m) of the DMC Act.
Consequently, the suit stands dismissed.
7. Interim orders, if any, stand vacated.
8.
Decree sheet be prepared accordingly.
(Dr. Saema Jain)
JSCC-cum-ASCJ-cum-Guardian Judge
East/KKD Courts/Delhi
16.09.2025
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