New Delhi: The Delhi High Court has ruled that the MCD mustissue a show-cause notice to the encroacher prior to seal any illegalencroachment and directed the civic agency to deseal a fruit juice seller'skiosk by Sunday.

Observing that "MCD cannot act unilaterally on its own perception of whatconstitutes encroachment without there being some basic factual material",Justice S Murlidhar slapped Rs 5,000 on the MCD and asked the civic agency topay the amount to petitioner Satish Kumar within four weeks.

Justice Murlidhar also said "The procedure has been set out in the MCD Actand Rules which have to be adhered to. The basic requirement would be a showcause notice to the encroacher which will set out the circumstances and thefacts gathered against the encroacher and give him an opportunity to explainthose circumstances." 

The judgment came on a writ petition filed by Kumar seekingcourt's intervention after the MCD sealed his kiosk at Mayur Vihar withoutserving any notice.