MCD orders desealing of shops sealed in 2017 in Delhi

The decision was taken at a special meeting of the MCD House that was marred by slogan shouting by Opposition BJP councillors

The Municipal Corporation of Delhi (MCD) on Saturday passed a resolution for immediately de-sealing commercial properties located in Local Shopping Complexes (LSC) that were sealed in 2017-18 on the direction of the Supreme Court appointed monitoring committee for violation of building bylaws.

BJP councillors shout slogans during the MCD special house meeting on Saturday. (Raj K Raj/HT Photo)

The decision was taken at a special meeting of the MCD House that was marred by slogan shouting by Opposition Bharatiya Janata Party (BJP) councillors who were blaming the ruling Aam Aadmi Party (AAP) for the delaying the decision on desealing the properties. When the opposition members continued to shout slogans in the well of the House, mayor Shelly Oberoi prematurely adjourned the House.

Earlier this week, the Supreme Court appointed judicial committee gave directions to de-seal these shops that have remained shut for the past six years, after which MCD officials said that they had started taking measurements to start removing the seals.

Establishments that faced action in December 2017 included around 500 shops in prominent south Delhi markets such as Green Park, Hauz Khas E-block, Greater Kailash 1, D-block South Extension-I, Defence Colony, and Old and New Rajinder Nagar.

READ | Mayor: Amar Colony shops could be de-sealed subject to conditions

Citing the judicial committee order, MCD officials said the establishments which are using basements for any other purpose other than storage will have to apply separately for getting their premises desealed. However, they added, that if the basement is being used only as a storage the shop can be desealed immediately, they said.

Traders, meanwhile, said that many have already applied for the basement use, but need the shops to be de-sealed immediately.

“We are hopeful that better sense prevails and the properties are de-sealed immediately by the MCD as directed by Supreme Court. If not then, then we will be forced to seek contempt proceedings against the civic officials . With regard to the basement, the sealed shops are already using it as storage only. So, these can be de-sealed and we can give an affidavit that we will not be using it for any other purpose other than storage. Those who want to use their basement commercially, they can apply, and many of them have already done so,” said Vishal Ohri, general secretary, LSC federation of Delhi.

After hundreds of shops were sealed in 2017-18, cases started piling up in the Supreme Court against the action by the civic body. The apex court then appointed a judicial committee to start hearing these cases. On December 18, the judicial committee ordered desealing of these establishments immediately.

The mayor said that despite disturbances by opposition members, the MCD passed the resolution moved by Pradeep Mittal and Praveen Rajput, both AAP councillors, to immediately start de-sealing the shops. She added that as soon as the session started, BJP members created a ruckus in the House and did not let the proceedings continue.

“Ever since we came to power in MCD eight months ago, BJP has not been letting the House function. The councillors have to maintain decorum, otherwise I will be forced to take stringent action,” Oberoi said while briefing the media after the House session.

Earlier on Saturday, BJP members were on their feet as the House convened. The mayor first adjourned the house for 10 minutes but the slogan shouting continued till the House reconvened. This forced the mayor to adjourn the session till the next House meeting.

Leader of opposition in MCD Raja Iqbal Singh, meanwhile, said that the AAP was only misleading the people as not a single shop was de-sealed in the last four days since the order by the judicial committee.

“MCD has no intention to de-seal the shops and has no interest in the welfare of the business community. If the de-sealing process does not start within 24 hours, we will continue the protest on city streets sit on protest outside the mayor’s house,” said Singh.

The SC-appointed monitoring committee on sealing, had in its September 5 report, said that penalties and regularisation charges worth ₹469.31 crore had been imposed by government departments, out of which ₹147.69 crore have been realised.

These penalties and charges include levies related to regularisation, conversion charges, one-time parking charges, and registration charges, among others, imposed between December 2017 and July 2023.

The monitoring committee was set up in 2006 to identify unauthorised structures and check misuse of properties in Delhi. The committee, comprising former adviser of election commission KJ Rao, former Environment Pollution Control Authority (EPCA) chairman Bhure Lal and Major General Som Jhingon was revived in December 2017.