Criticising municipal corporations for violating MCD Act of 1957 by sealing shops and properties in the national Capital, the Confederation of All India Traders (CAIT) has demanded the Delhi Government to pass a Bill for moratorium on sealing in the ensuing Assembly session and forward the same to the Central Government for approval. Once the Bill is passed by the Delhi Assembly, we shall prevail upon the Central Government to approve the Bill without any delay, said a CAIT official.
The CAIT has also urged the Police Commissioner to direct the Police to assist the sealing operations only where due process of law is obeyed. For unlawful action, the Police must not be used under any condition, it said.
CAIT Secretary General Praveen Khandelwal alleged that MCD while conducting the sealing is not at all following the due process of law as envisaged under 'The Municipal Corporation Act,1957' which mandatorily requires filing of a complaint by Commissioner to municipal magistrate, issue of show cause notice, opportunity of placing defense and personal hearing, right to appeal to appellate tribunal and finally the matter can be heard by
lieutenant-Governor. “It is only after exhausting above due process of law, the MCD can initiate any action for misuse or unauthorised construction,” he said.
Khandelwal further said that MCD is bye-passing such due process of law and straightway sealing the shops without assigning any reason thereof and as such continued sealing amounts to illegal action. “Undoubtedly, as per the orders of Supreme Court, Delhi Police is under an obligation to provide police force at the time of sealing, if required by the concerned authority but only for legitimate actions and not for any illegal action,” he added.
South Delhi Municipal Corporation's (SDMC) sealing action in lajpat Nagar in which 350 shops sealed, has attracted traders' wrath and severe criticism. The traders body termed the drive illegal and against the MCD laws. However, officials of SDMC justified the action and said that the SC-empowered committees carried out an inspection of old double storey, lajpat Nagar-IV (popularly known as suit market) and its vicinity on March 6 and noticed large scale of encroachments by the occupants both in front as well as in the back that led to the further action.
Meanwhile, traders had already announced to close business establishments on 13th March as a part of Delhi Trade Bandh announced by the CAIT. All major wholesale and retail markets of Delhi including Connaught Place, Chandni Chowk, Karol Bagh, Sadar Bazar, Kashmiri Gate, Bhagirath Place, lajpat Rai Market, Khari Baoli, Naya Bazar, Kamla Nagar, Chawri Bazar, Nai Sarak,Khan Market, South Extension, Greater Kailash, lajpat Nagar, Amar Colony, Defence Colony, Green Park and all other Markets of South Delhi, Rajouri Garden, Tilak Nagar, Uttam Nagar, Kirti Nagar and other markets of West Delhi, Ashok Vihar, Model Town, Shalimar Bagh, Pitampura, Rohini and other markets of North Delhi, Paharganj, Krishna Nagar, Vikas Marg, laxmi Nagar, Jagatpuri, Shahdara, loni Road, Mayur Vihar and other markets of trans yamuna area shall remain completely closed.
Traders in the national Capital have been hit hard after building department of the municipal corporations had started sealing business establishments for non-payment of conversion charges, encroachment and illegal construction on the instructions of the Supreme Court-appointed Monitoring Committee.
Thousands of shops have been sealed since last December and there is still no sign of relief amid all the coordinated efforts put up by all concerned.