Ex-judge moves HC over sealing of her property

NEW DELHI: A former Delhi high court judge on Friday approached HC against sealing of her property in south Delhi for alleged misuse of premises on orders of the Supreme Court-appointed monitoring committee.
Retired justice Usha Mehra, who has also been a member of Law Commission of India, challenged the show-cause notice issued to her by the committee that directed sealing of the ground floor and front half of lower ground floor of her property in Hauz Khas.
Justice Siddharth Mridul asked South Delhi Municipal Corporation (SDMC) — which claimed that a major part of the premises has already been sealed — to maintain status quo till next week.
Appearing for SDMC, advocate Ajay Arora informed the court that the sealing action was taken under the supervision and directions of the monitoring committee and any challenge against the decision lies only before the apex court. But senior advocate Kapil Sibal disputed SDMC’s stand and urged HC to hear the plea.
The committee, in its order, had stated that the wellness/diagnostic centre operating in the premises violated the permissible/sanctioned use as per Delhi Master Plan 2021 and directed the owner to show-cause within 48 hours why it shouldn’t be sealed.
In her plea, the former judge assailed the committee order pointing out that “granting of a mere 48 hours to respond to the show-cause notice can by no stretch be considered reasonable and clearly smacks of undue haste and mala fide, vitiating the notice and any proceedings emanating from it.”
She also told the court that she purchased sections of the property in 2011 and 2013 and has documents to show that the original owner paid requisite conversion charges to the municipal corporation for commercial use of the ground floor and front basement.
Since at the time of purchase of property there was a diagnostic centre running from the ground floor and the basement was being used by a doctor, the tenancy shifted to Mehra who continued with the arrangement.
Arguing that the show-cause notice is not only “without jurisdiction” but also violates principles of natural justice, the retired judge wanted it quashed immediately. She also highlighted that the notice is concerned with unauthorised construction, but the charge levelled against her premises is that of misuse.
“The use of a basement to carry out professional skilled activities, such as lawyer’s chambers and doctor’s consultation, is not prohibited under any of the laws, including master plan,” justice Mehra argued. She accused the committee of “flagrant misrepresentation of actual facts” since it claims both areas of the property have a diagnostic centre running when in fact the basement is occupied by a doctor.