Thread by @barandbench

While hearing a de-sealing case dealing with South Delhi Municipal Corporation, CJI SA Bobde observes:

Land and structures are separate entity. Tenant of land and structure can be separate.

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CJI: If a shop is sealed on the ground of misuse or unauthorized use and if the said shop was originally purchased as commercial, it should be de-sealed.

No orders on de sealing passed.

CJI dictates order: There are many shops purchased for commercial use. Monitoring committee has sealed them stating it's unauthorised use. 1/n

2/n CJI: The alleged unauthorised use which have resulted in a sealing of the premises on the ground that premises which had been sealed was originally purchased as residential and has now been unauthorisedly converted for commercial use

3/n CJI: It is however argued that on the basis of a sale certificate issued under Rule 90/15 that the premises were originally purchased as a shop.

4/n CJI: further the notice for auction held on Nov 20, 1957, shows that 14 shops in Defence colony went to the auction.

5/n CJI: If this is correct as fact that the premises which has been sealed for unauthorised change from residential to commercial originally purchased as comercial we see no reason why sealing should continue

6/n CJI: We direct that a list be prepared of all such premises originally purchased as shops and now been sealed on ground of being changed from residential to commercial. Amicus ADN Rao will scrutinize all the relevant documents regarding original purchase

7/n CJI: SDMC will present documents showing true status of shops when purchased. Since the matter affects livelihood of the applicants , Amicus curiae may submit a report in 4 weeks

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[Delhi Sealing] "Sealed shops originally purchased as commercial property should be de-sealed:" Supreme Court seeks report from Amicus Curiae

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