Dynamite News PIL filed in Delhi HC against sealing practices of NDMC, MCD; Know reasons, solutions...
The final sealing order is not provided to the affected person before sealing. This process deprives the affected person of the opportunity to avail of the statutory remedy. Full details on Dynamite News:
New Delhi: A Public Interest Litigation (PIL) has been filed in the Delhi High Court challenging the powers of the New Delhi Municipal Council (NDMC) and the Municipal Corporation of Delhi (MCD) concerning the Sealing of Unauthorised Construction Rules.
The plea stipulates that a copy of the sealing order must be given to the affected individual after the hearing concludes and before the premises are sealed. Additionally, it requires that details of the appellate authority and the 30-day period for filing an appeal be included.
Sealing Order In Advance
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Petitioner Amit Sahni, social activist and practicing advocate, stated in his plea that due to an anomaly in the rules, the copy of the final sealing order passed under the relevant Act is not provided to the affected person before the premises are sealed. This process deprives the affected person of the opportunity to avail themselves of the statutory remedy.
As a result, the owner/occupier is often taken by surprise, as the premises are sealed, and the orders are communicated only after the sealing has taken place, the plea said.
The practice of sealing premises without serving the sealing order and depriving the affected person of their statutory rights is an arbitrary exercise of power and is both unlawful and unconstitutional.
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Direction To NDMC, MCD
The petitioner, Amit Sahni, had made a representation on January 7, 2025, to the respondent to address the issue, but to the best of his knowledge, no action has been taken on the representation.
Finally, the plea also seeks a direction to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to ensure, as an interim measure during the pendency of the present petition, that a copy of the sealing order under the relevant act is provided to the affected persons before the sealing process is initiated.