Supreme Court Dismisses Appeal Seeking De-sealing of Property
In a significant verdict, the Supreme Court of India has dismissed Civil Appeal Nos. 4538-4539 of 2023 and Writ Petition (Civil) No. 692 of 2023, upholding the order of the Delhi High Court. The appeals were filed by the legal representatives of the deceased Ram Kishan, challenging the High Court’s orders dated 11.11.2021 and 10.04.2023 in CM (M) No.998 of 2021 and CM (M) No.1089 of 2022, respectively. The Writ Petition sought a writ of mandamus to de-seal a property in Delhi Cantt, but the Supreme Court denied the prayer, asserting that the building plan had not been sanctioned.
The crux of the matter revolved around the jurisdiction of the Delhi Cantonment Board (DCB) and the approval of the building plan. The appellant had contended that a previous order of the Supreme Court in Praveen Kumar v. Delhi Cantonment Board & Ors. barred the Civil Suit No.759 of 2018 filed by the respondents. However, the Supreme Court noted that the appellant had accepted DCB’s jurisdiction and was in the process of constructing the property after obtaining due sanction, making the previous order inapplicable.
Regarding the de-sealing issue, the Court emphasized that the appellant’s prayer was contingent on the approval of the building plan. As the building plan had not been sanctioned, the Court found no legal basis to grant the writ of mandamus for de-sealing the property. Moreover, the Court stated that the issue of de-sealing was interconnected with the pending Civil Suit, further diminishing the petitioner’s claim.
In delivering the judgment, Justice C.T. Ravikumar and Justice Sanjay Kumar observed, “We find no infirmity or illegality in the High Court’s orders. The prayer for de-sealing cannot be granted at this stage, as it hinges on the approval of the building plan, which has not been sanctioned.”
With the Supreme Court’s dismissal, the property will remain sealed until the necessary approvals are obtained, and the Civil Suit No.759 of 2018 will proceed in accordance with the prevailing laws and regulations.
The judgment serves as a significant legal precedent concerning jurisdictional matters and the requisites for seeking de-sealing orders, setting the stage for future cases involving similar disputes.
Date of Decision: July 24, 2023
Ram Kishan (Deceased) through Legal Representatives & Anr. vs Manish Kumar & Anr.
