The Delhi High Court has called for explanations from the New Delhi Municipal Council (NDMC) and the Municipal Corporation of Delhi (MCD) concerning their practices of sealing unauthorized premises without prior notification to the affected owners or occupiers. This inquiry comes in response to a Public Interest Litigation (PIL) highlighting the lack of due process in the sealing actions taken by these civic bodies.
During the session on Wednesday, a bench led by Chief Justice D.K. Upadhayaya and Justice Tushar Rao Gedela issued notices to both the NDMC, MCD, and the Centre, following pleas submitted by advocate Amit Sahni. The court has given the respondents four weeks to compile and submit their responses.
Advocate Sahni pointed out the procedural discrepancies in the current practice, noting that although sealing orders are appealable to an appellate tribunal within 30 days following a show-cause notice and a hearing, the actual sealing often precedes the communication of the order. According to the rules under the Delhi Municipal Corporation and The New Delhi Municipal Council concerning the sealing of unauthorized constructions, the copy of the sealing order should be delivered “immediately after sealing of such premises.”
Sahni argued that this method denies the aggrieved parties their statutory right to appeal before the enforcement action takes place, often catching property owners or occupiers off guard. “Due to this anomaly, the owner/occupier is taken by surprise because the premises are sealed and the orders are communicated only after the sealing of the premises,” he stated.
