MCD executive wing told to begin de-sealing drive from January 19

The Municipal Corporation of Delhi (MCD) is facing controversy over the de-sealing of local shopping centers, with the Aam Aadmi Party (AAP) supporting the resolution to initiate de-sealing action. The MCD commissioner has approached the Supreme Court against the order.

Amid the ruckus in the special session of the Municipal Corporation of Delhi (MCD) on Monday, mayor Shelly Oberoi read out a private member’s resolution, directing the executive wing to initiate de-sealing action at local shopping centres by January 19, and it was supported by the AAP-led majority through voice vote.

Delhi Mayor Shelly Oberoi speaks inside the Municipal Corporation of Delhi House on Monday. (ANI)

The resolution, tabled by Aam Aadmi Party (AAP) councillor Prem Chauhan (ward No. 164), states that the “House resolved that thousands of traders of Delhi and their families have suffered as a consequence of sealing of their shops at local shopping centres (LSCs) and therefore, the MCD commissioner is again being directed to immediately implement the order of judicial committee dated December 18 on issue of operations of LSCs....and commence de-sealing by January 19.”

Mayor Shelly Oberoi said that the special meeting was called for two important matters, including the de-sealing of shops at local shopping centres, which had been sealed six years back. “The judicial committee appointed by the Supreme Court had ordered MCD to deseal the shops but officers were not following the order. BJP started ruckus in the House and did not allow it to function smoothly. BJP should not play politics on such people-friendly measures,” she added.

While hearing a plea from seven local shopping centres on December 18 last year, the Supreme Court-appointed judicial committee passed the order regarding de-sealing. The order said that the “properties with which the committee has dealt with shall be de-sealed forthwith based on the legal position interpreted by this committee. Basements, which have been sealed on account of commercial or professional activity undertaken, therein shall be de-sealed upon applications filed by the owners... pursuant to which MCD shall consider the applicability of permissible floor area ratio (FAR).”

The order would have provided relief to seven markets, including Defence Colony, Old Rajinder Nagar, New Rajinder Nagar, GK-I, N Block and Green Park. MCD’s executive wing, led by the commissioner, has approached the Supreme Court against the judicial committee’s order.

An MCD official said that the civic body is of the opinion that the order would lead to large-scale revenue losses for MCD in the form of conversion charges, and judicial committee order should not be implemented.

The official added that the private member resolutions, like the ones passed by the House, do no have legally binding value. “MCD commissioner can consider them and act accordingly. If the commissioner agrees with the resolution, it is moved in the form of policy preamble again before the House seeking passage,” the official added.

MCD had held another special session on the issue of de-sealing on December 23 last year, whereby it passed a resolution to implement the order of judicial committee and not appeal against it further. The resolution passed on Monday noted that the commissioner acted in violation of the resolution and approached the apex court.

BJP spokesperson Praveen Shankar Kapoor said that the AAP is not sincere in its assurance to provide relief to traders from sealing. “There is a complete difference between their words and actions. They have approached the Supreme Court against the de-sealing drive while at the same time they claim to be acting in the interest of the traders,” he added.

Vinod Arora, president of the Rajinder Nagar Markets, said: “The monitoring committee gave order for sealing and MCD happily obliged. The judicial committee, appointed by the Supreme Court, gave the de-sealing order and MCD filed an appeal. Is it not obvious who is running the monitoring committee?”

On MCD’s revenue loss claim, Manish Gupta, president of GK-1 N Block Market, said, “It’s like saying one lost the Olympic gold medal despite not being an athlete or competitor.”