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Judgment
This is an application filed by the applicants seeking direction to the authorities, i.e., Municipal Corporation, Jammu to de-seal the business premises
of the applicants, which were sealed on account of alleged violation of Section 232 of the Municipal Corporation Act, 2000. Counsel appearing for
the applicants, namely, Mr. Sunil Sethi urged that he would furnish an undertaking to the effect that the violation purported to have been committed
by the applicants would not be repeated. While, we are not averse to the de-sealing of the properties on the lines suggested by Mr. Sethi upon
furnishing of the undertaking that the offences would not be repeated, yet with a view to ensure due compliance of the said undertaking, we deem it
appropriate to order that the applicants deposit a sum of Rs.50,000/- along with undertakings before the Registrar Judicial of this Court.
It is made clear that upon the deposit of the amount as ordered and the furnishing of the undertakings, the authorities would proceed to de-seal the
properties in question. It is, however, made clear that, in case, the Municipal Authorities notice any further encroachment by the applicants or
violation of the undertakings so submitted, they shall submit a report to this Court upon which the amount deposited by the applicants will be ordered
to be forfeited, accordingly.
IA No.02/2018 is disposed of.
PIL No.27/2017:
Mr. Ajay Sharma, learned Amicus urged that the Municipal Corporation had failed to implement the Action Plan submitted by the Municipal
Corporation in its letter and spirit. However, with a view to rebut this assertion of Mr. Sachin Gupta to the status report dated 05.02.2018 with a
view to show the action taken pursuant to the directions of the Court, let a fresh status report be filed by the Corporation to show as to what further
action has been taken with a view to remove encroachments in terms of various orders passed by this Court.
List on 24.08.2018. Â