Delhi mayor writes to MCD official over de-sealing

De-sealing shops is the latest point of contention between MCD’s executive wing (comprising bureaucrats) and deliberative wing led by the AAP

Mayor Shelly Oberoi on Tuesday wrote to municipal commissioner Gyanesh Bharti, directing him to immediately implement the directions of the house of councillors with regards to de-sealing establishments shut in local shopping centres (LSCs).

In last six years, thousands of properties in Delhi have been sealed by a monitoring committee mandated by the Supreme Court for land-use violations (Sanjeev Verma/ HT Photo)

Oberoi, in her letter, accused the commissioner of “wilful insubordination” and “complete dereliction of his duties under the DMC (Delhi Municipal Corporation) Act.”

HT reached out to Bharti, but the MCD commissioner did not respond to requests for comment on the matter.

De-sealing shops at LSCs is the latest point of contention between two distinct authorities of the Municipal Corporation of Delhi (MCD) — the executive wing (comprising bureaucrats), and the deliberative wing (led by the Aam Aadmi Party or AAP).

The house of councillors on two previous occasions passed resolutions regarding the de-sealing of properties in seven LSCs that have moved court — on December 23 and on January 17 — but the executive wing is yet to act on these instructions.

On Tuesday, Oberoi said that the shops in question have been sealed for the last 4-5 years, due to which thousands of Delhi residents have lost their livelihood, while thousands of traders are living in fear of their establishments being sealed. “Municipal Corporation of Delhi in its meeting dated January 17 has once again reiterated its resolution dated December 23,2023 and has again directed the commissioner to start the de-sealing process in terms of order passed by the judicial committee, the undersigned hereby directs the commissioner to discharge the duties under the DMC Act and to implement the resolution and welfare policies passed by corporation and to implement the orders passed by the judicial committee,” the letter said.

HT on January 17 reported that over the last six years, thousands of properties across the Capital have been sealed by a monitoring committee mandated by the Supreme Court over alleged land-use violations.

The latest sealing data (updated till December 2023) shows that 9,444 properties across Delhi were sealed by various agencies — 4,509 properties for unauthorised construction, and 4,945 for land misuse. Of the properties that were sealed, 3,805 have been de-sealed, and the application of another 2,823 units has been submitted, which means that 5,639 properties still remain shut.

In October 2022, the Supreme Court formed a two-member judicial committee comprising justice Pradeep Nandrajog (retired chief justice of the Bombay high court) and justice GS Sistani (retired judge from Delhi high court) to deal with challenges to the orders passed by the monitoring committee.

On December 18, based on a plea from seven LSCs — Old Rajinder Nagar, New Rajinder Nagar, GK-I N Block, Green Park, Hauz Khas E Block, South Extension-I D Block and Defence Colony —the judicial committee passed an order on de-sealing, and allowed basements to be used for storage, and commercial and professional activities

The LSC federation estimates that around 2,000 sealed properties would fall in local shopping centres, and the de-sealing of shops in the seven LSCs that moved court can act as precedent for other markets.

Rajesh Goyal, president of the LSC federation, urged immediate compliance with the judicial committee’s order, saying, “Justice delayed is justice denied. This needless suffering must end immediately. The initial sealing itself was ill-conceived, and the continued closure (of properties) despite the judicial committee’s order raises serious questions.”

Separately, Oberoi, at a press conference, said that two resolutions regarding the de-sealing of properties have been passed. “Under the BJP’s tenure, these traders have suffered for all these years. When the judicial committee appointed by the Supreme Court has provided this relief to the traders, why is the executive wing not following it?” she said.

She said that the last house resolution put a deadline of January 19 to start the de-sealing process, and she wrote to the commissioner as the deadline has not been complied with.

Responding to the letter, leader of the Opposition and BJP councillor Raja Iqbal Singh said that despite the orders of the judicial committee, the AAP is blaming senior municipal officials for their failure to de-seal shops. “The AAP has not provided relief to business owners, causing distress...there is lack of communication between the AAP and municipal officials.”

Meanwhile, an MCD official said the matter is sub-judice in the Supreme Court, the next hearing is expected on January 29, and directions issued by the court will be complied with.