The resentment and anguish of the traders of Delhi against ongoing sealing is increasing day by day. Confederation of All India Traders (CAIT) call for 48 hours Delhi Trade Bandh on February 2 and 3.
Support to Trade Bandh has began pouring in as the Delhi Hindustani Mercantile Association has declared to shut down Chandni Chowk market during the Trade Bandh and on the other side the North Delhi Traders Federation has also declared its support as entire North Delhi will remain closed. Closed to the heels the Ashok Vihar Vyapar Mandal and South Extension Market Association has also declared to remain closed.
It is expected that during next two days, most of the markets in Delhi will officially declare their support.All wholesale, retail and commercial markets in Delhi shall remain closed for 48 hours.
CAIT Secretary General Mr. Praveen Khandelwal said that decision of Delhi Trade Bandh was taken on Saturday at a meeting of Delhi Traders attended by representatives of about 500 leading Trade Associations from all the corners of Delhi.
The traders are agitating as they feel that under the guise of stopping misuse of buildings they are being targeted in a most arbitrary manner without giving any opportunity of placing their defence. What to say of defence, they are not even being informed of the offence committed by them and just a single line order to seal their business establishments has become the order of the day.
It is pity that in a Country where terrorist like Qasab is given enough opportunity to place his defence, the traders of Delhi are being denied the right of show cause notice and opportunity of hearing and also making appeal to Appellate Tribunal & Administrator of Delhi.
Khandelwal informed the first plan of the City was drawn in the year 1865 and 1866 by lala Hardeo Das and Tika Ram under the superintendence of EJ Martin, Executive Engineer which also contains several areas as Commercial and later on commercial activities keep increasing and were declared as Commercial or Mixed land Use by the Authorities. But no one is bothered to study these areas and more interested in sealing of commercial establishments.
Not only Indian Jurisprudence but even Principle of Natural Justice lay great emphasis on following the due process of law before taking any punitive action. But in the matter of sealing the traders are mercilessly being deprived of these rights though the provisions of Delhi Municipal Corporation Act are explicit and clear.
In case of misuse of building the Commissioner under Section 466A and 467 is duty bound to first make a complaint with the Municipal Magistrate within six months from the date when such misuse is came to his knowledge .
Any complaint made after six months is liable to be rejected and no action can be taken.
The facts of existence of offence can be borrowed from MCD record itself as under Section 124 MCD has to maintain a Municipal Assessment Book which contains details of user of all properties in Delhi.
The MCD is under obligation to issue a show cause notice under Section 343(1) with sufficient time to be given to reply. Even after the order of Commissioner to take punitive action, the person under Section 347B (O) (i) can make first appeal to Appellate Tribunal and then to Administrator of Delhi i.e. lt. Governor.
It is more interesting to note that so far Commissioner under Section 419 has not prohibited any area for commercial use. All these rights are snatched and the sealing is being done in a most anarchic manner leading to gross violation of MCD Act.