MCD Commissioner Accused of Defying Court Orders on Shop De-Sealing

The Aam Aadmi Party has accused the MCD Commissioner of not complying with court orders to de-seal shops sealed for alleged land use violations, despite a resolution passed in the Municipal Corporation of Delhi.

The Aam Aadmi Party (AAP) has raised serious concerns regarding the non-compliance of court orders by the Municipal Corporation of Delhi (MCD) Commissioner, Gyanesh Bharti, in the matter of de-sealing shops that were sealed due to alleged land use violations.

MCD Commissioner's Refusal to De-Seal Shops

The AAP, in a statement, asserted that the MCD Commissioner, influenced by the BJP-led central government, has disregarded judicial committee orders and a resolution passed by the Municipal Corporation of Delhi (MCD) House to de-seal the shops. The de-sealing process, as per a private members resolution passed in the House, was scheduled to commence from January 19.

Delay in De-Sealing Process

According to an MCD source, the de-sealing process is unlikely to begin before January 29, the date set for the next court hearing on the matter. This delay has caused immense distress among thousands of shop owners whose livelihoods have been severely impacted since the sealing of their shops in 2017.

Supreme Court's Orders and MCD Resolution

Senior AAP leader and Delhi's Cabinet Minister, Saurabh Bharadwaj, highlighted that the Supreme Court's judicial committee had declared the sealing of shops unlawful on December 18, 2022. The committee also ruled that conversion charges cannot be levied on shops built on commercial land. Subsequently, the AAP government of the MCD passed a resolution in the House to de-seal the shops. However, the MCD Commissioner has refused to comply with these orders.

AAP's Support for Traders

Delhi Minister Atishi affirmed the AAP government's unwavering support for the traders affected by the shop sealing drive. She emphasized that the party will continue to fight for their rights and ensure that justice is served.

Background of the Sealing Drive

In 2017, the MCD sealed numerous shops and restaurants in various markets across Delhi, including Defence Colony, Rajinder Nagar, GK, Green Park, Hauz Khas, and South Extension. This action was taken based on the recommendations of the Supreme Court's monitoring committee, which had identified violations of commercial property land use norms.

Supreme Court's Judicial Committee

Following the sealing drive, the traders approached the Supreme Court, which constituted a judicial committee to address the issues of sealing and de-sealing. The committee, comprising Justices Pradeep Nandrajog and G.S. Sistani, has been hearing the case since 2022.

Non-Compliance by MCD Commissioner

Despite the judicial committee's orders and the MCD House resolution, the MCD Commissioner has failed to initiate the de-sealing process. This has prompted the AAP to raise concerns about the commissioner's motives and accuse the BJP-led Centre of influencing his decisions.

Chief Minister's Intervention

In an effort to resolve the matter, Chief Minister Arvind Kejriwal summoned the MCD Commissioner and the Minister of Urban Development to discuss the issue. Written instructions were issued by the mayor following the meeting, and a proposal was passed by the House. However, the MCD Commissioner continues to disregard these directives.

The AAP's accusations against the MCD Commissioner highlight the urgent need for compliance with court orders and respect for the democratic processes. The continued sealing of shops is causing immense hardship for traders and their families, and it is imperative that the authorities take immediate action to address this situation.