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. Faced with no other options, traders’ associations went ahead with two-day strike across the national Capital.
The current sealing drive in Delhi is not happening for the first time. The city had witnessed a massive sealing drive in 2006 followed by violent protests from traders. This time round, the sealing drive is being carried out again against business establishments that are using residential properties for commercial purposes without paying conversion charges.
In March 2006, the Supreme Court had ordered the sealing of all unauthorised construction and also appointed a Monitoring Committee to conduct the sealing drive under its supervision. It was further revised on December 15, 2017 with three members — comprising former adviser to the Election Commission KJ Rao, chairman of Environment Pollution (Prevention & Control) Authority (EPCA) Bhure lal and Major General (retd) Som Jhingan of the team.
Delhi District Authority (DDA), which prepared the first Master Plan in 1962, was first tasked with acquiring and developing land in Delhi. According to the plan, a city centre, 75 district centres, 300 community and 1,250 local shopping centres, 3,000 convenient shopping centres were proposed for meeting National Capital’s commercial needs. But, after the years a number of unauthorised colonies and slums have mushroomed on agricultural and even Government land. Subsequently, apex court on November 18, 2005, expressed its concern at the growth in commercial activities in residential areas in violation of the MPD 2001 and directed MCD to list the areas where the violations were reported.
Following which, the SC on February 16, 2006, ordered the MCD to publish the list of residential premises being used commercially. Soon after corporations had started sealing properties found for violating norms. Approximately, 12000 properties were sealed in the drive. The relief came after the then Union Urban Development Minister Jaipal Reddy announced that the Government would draft a bill to regularise of commercial establishments. The Delhi Special Provisions Bill was also introduced in Parliament to stop sealing.
Meanwhile, the Ministry of Housing and Urban Affairs has come to the rescue of traders by announcing to bring amendments to the Master Plan for Delhi 2021. The Ministry is also in the process of finalising the uniform Floor Area Ratio (FAR) for shop-cum-residence plots, complexes, operating and commercial streets, residential and commercial areas, and local shopping centres. Further, the Ministry is also finalising a policy to regularise godowns clusters existing in non-conforming areas and agricultural land to give relief from sealing drive.
Affected traders, however appreciated the proposals mooted by DDA for amending the Master Plan to bring relief to traders from sealing, the CAIT has sent a 12-point charter of demand to Hardeep Puri, Union Minister for Urban Development urging him to take necessary steps to mitigate the problems of the traders on account of sealing.
The 12-point charter includes keeping status quo in the special area till the time re-development plan of the special area is prepared and implemented. The ‘local Shopping Centre’ declared in 1998 should be charged the rates prevailing in that year, the plot size in lSC should be increased from 175 meters to 250 meters.
While regularising and enhancing the FAR, the condition of parking availability should be withdrawn, three colonies, Greater Kailash, Green Park and South Extension developed by DlF should be enlisted in the list of rehabilitation colonies developed by DlF, commercial use of basement should be allowed uniformly in any street, the limit of paying conversion charges should be fixed for 10 years, interest and penalty should be waived for the persons who have not yet paid conversion charges for any reason and henceforth penalty and interest may be levied for future defaulters.
The charter also demanded a new survey of roads which have not been surveyed so far should be conducted and notify them as commercial or mixed land use, the warehouses or godowns made on agriculture land or in non-conforming areas should be allowed to conduct any type of business activity, the negative trade should be allowed to operate until the time such trade are shifted and the condition of obtaining no objection from fire department for usage of basement should be abolished.
As the crisis became grave, all the three political parties came in the fray to take the advantage of the prevailing situation. The top brass of the ruling party in Delhi, Municipal Corporation being ruled by the BJP and the Congress came on the street to support the bandh called by CAIT. Delhi Chief Minister Arvind Kejriwal speaking on the eve of Republic Day urged the Central Government to bring an ordinance immediately and intent to extend all the support of his Government.
While, the Delhi Congress president, speaking on “mixed land use reforms” said that it was “very strange that associations of the private markets are going to courts whereas the AAP’s Government and the BJP’s MCDs are observing strikes.” Recalling the days when in 2006 the sword of sealing was hanging over the traders, the then Congress-led Central Government had approached the court and enacted a law and made amendments in the Delhi Master Plan 2021, he demanded that the BJP-led Centre and the AAP Government should intervene immediately to provide relief to the 5,12,000 commercial units in Delhi.