Sealing powers cannot be extended to mere misuse of property; express statutory authority is required.

The sealing power under the cited municipal and development laws is confined to unauthorised construction or unauthorised development, and cannot be extended to premises used for misuse of property. The provisions were read in their statutory context and distinguished from separate clauses dealing with change of user, stoppage, demolition, and penalties for contravention. Applying strict construction to a drastic power affecting civil rights, the Delhi High Court held that such authority must be expressly conferred and cannot be expanded by necessary implication or by supplying a casus omissus. The statutes therefore do not permit sealing merely on the ground of misuse.

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Issues: Whether the municipal and development authorities have power to seal premises on the ground of misuse of property under the relevant sealing provisions.

Analysis: The sealing provisions in the two enactments were examined in their statutory setting. The power to seal was traced to orders made in relation to unauthorised construction or unauthorised development, with the accompanying provisions dealing separately with stoppage, demolition, and consequences for contravention. The provisions regulating change of user and misuse of buildings were also noted as distinct from provisions dealing with unauthorised erection or development. Applying strict construction to a drastic power affecting civil rights and rejecting any expansion by necessary implication, the Court held that a casus omissus could not be supplied to extend sealing to cases of misuse. The statutes, read as a whole, showed a deliberate legislative distinction between unauthorised construction or development and misuse of premises.

Conclusion: The authorities do not have power to seal premises merely for misuse of the property under the cited provisions.

Ratio Decidendi: A drastic power such as sealing of premises must be expressly conferred and cannot be inferred by necessary implication or supplied through casus omissus where the statute deliberately limits sealing to unauthorised construction or development and separately deals with misuse by other penal provisions.

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