Commercial activities came to a standstill in the national Capital on Tuesday as over seven lakh traders under the aegis of 2,000 trade associations kept their shutters down to protest against unprecedented sealing drive carried out by the municipal corporations on the directions of the Supreme Court-Appointed Monitoring Committee.
It is estimated that there is a business loss worth Rs 1,500 crore thereby causing a loss of revenue to the tune of about Rs 125 crore to the Government due to the bandh that was called by the Confederation of All India Traders (CAIT).
Traders demanded the Government to protect their premises from sealing by bringing an ordinance, an amnesty scheme for commercial activities on “As is where is” basis as on December 31, 2017.
Also, they demanded the Government to notify 351 roads as commercial or mix land use and increase in FAR to protect extension in the building.
“The local shopping centres across Delhi were sold on commercial rates and now conversion charges are being demanded and sealing is conducted without any prior notice. This is unfair and dictatorial move,” they said.
Prominent markets such as Connaught Place, Chandni Chowk, Sadar Bazar, Chawri Bazar, Kamla Nagar, Karol Bagh, Kashmiri Gate, Khari Baoli, Naya Bazar, Bhagirath Palace, Paharganj, Rajouri Garden, Jail Road, Rohini, Ashok Vihar, Pitampura, lajpat Nagar, South Extension, Defence Colony, Greater Kailash, Green Park, Khan Market, Kirti Nagar, Patel Nagar, Naraina, Uttam Nagar, Vikaspuri, Kalkaji, Tughlaqabad, Yusuf Sarai, Vikas Marg, Mandawali, Gandhi Nagar, Shahdara,
Bhajanpura, Jagatpuri, Mayur Vihar, Preet Vihar, Shradhanand Marg wore a deserted look.
CAIT secretary general Praveen Khandelwal told The Pioneer that the Monitoring Committee was constituted to look into misuse of commercial activities in residential areas only but it went beyond its jurisdiction and sealed several shops across commercial markets.
“The basic fundamentals of MCD Act, 1957 have been snatched away from the traders and sealing is being conducted in a dictatorial manner under the guise of Supreme Court order,” he said.
According to section 347 of the MCD act, before taking any action against business establishments for misusing of any property, Commissioner need to lodge a complaint with the municipal Magistrate in a time bound period followed by a show cause notice and opportunity of personal hearing and right to make an appeal to the ‘Appellate Tribunal’ and then administrator that is lieutenant Governor, he said.
“These all the provisions have been violated. Therefore ongoing sealing done by MCD is completely illegal as it has violated statutory provisions and even the apex court was never informed about such mandatory provisions,” he said.
Vikram Badhwar, general secretary of the New Delhi Traders Association (NDTA), alleged that the authorities even sealed commercial establishments after accepting conversion charges. “The Municipal corporations have never declared any area as prohibited for conducting commercial activities. The fundamental rights of the traders have been snatched and principle of natural justice has been flouted,” he said.
Traders also took out protest march in areas like Chowk Hauz Qazi, Kamla Nagar, South Extension, Rajouri Garden and Krishna Nagar.
Pradeep Jain, general secretary of Delhi Fents Mercantile Association said the MCD Act has been sidelined while sealing properties to deprive the traders. He said in case of violation of section 347 (misuse of building), the Commissioner is required to lodge a complaint against owner with the municipal Magistrate under section 466A and 467,” he said.
Clarifying the stand, one of the businessmens said a provision of mandatory notice has been made prior taking any action under section 345 of MCD Act.
Also, the under section 471 the MCD Commissioner is empowered to initiate proceeding within six months from the date of first information of misuse and after lapse of such period, the corporation cannot initiate any action. Political parties, including the BJP, the Congress and the AAP also supported the shut down.