Sealing of commercial establishments in residential areas comes under judicial scrutiny

MCD, Municipal Corporation of Delhi had initiated a sealing drive to seal of the commercial establishments being run in the residential areas without authorisation. The drive recently came under fierce criticism from the Confederation of All India Traders (CAIT). According to their claims, the Municipal officials sealed the premises even on verbal orders without giving any prior opportunity to traders.

09 Oct 2013 | 3860 Views | By Anand Srinivasan

The Supreme court has transferred about 160 writ petitions and intervention applications which were filed by the people against sealing of their commercial establishments. In its order, the Supreme court has stated that all writ petitions and intervention applications filed in the Supreme court in sealing matter pending before the court will be transferred to appellate tribunals of the respective jurisdictions of different authorities and shall be treated as appeals under section 347 B of MCD Act, Section 253 of NDMC Act and section 31 B of DDA Act before the respective appellate tribunals of the concerned authority.

The Supreme court has advised the appellate tribunals to dispose off the appeals within a period of one year. The court has also granted right for the appellants to file additional affidavits, counter affidavits and additional documents with the leave of concerned tribunal within one month of the order.

The court has also said that in its order dated 3 January 2012, it has restrained the monitoring committee from making further orders for sealing and the said order will be operational until any further notice from the Delhi High court.

The Supreme court has condemned the irresponsible activity of the Municipal authorities. The MCD has been seen openly violating the provisions of the parliament under which, till 31 December 2014 no penal action can be taken whereas the MCD is serving various notices to the traders.

The CAIT has advised its lawyers to examine the order of the apex court and if necessary, best possible steps will be taken to protect the interests of the traders in Delhi.


The article was first published in the May-June 2013 issue of Delhi Printer

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