Delhi Mayor Shelly Oberoi has written to the Commissioner of the Municipal Corporation of Delhi (MCD) on the issue of the de-sealing of shops.

In a letter to the Commissioner on Tuesday, she wrote, “The Supreme Court has been hearing concerns arising from the use of residential areas for commercial and industrial purposes prompting the MCD to seal several properties and several applications had been filed for de-sealing of such properties. Vide order dated September 13, 2022, the SC had constituted a Judicial Committee (JC) to decide these applications.”

Subsequently, the apex court, in its order on October 18, 2023, categorically said that all the municipal authorities (MCD, NDMC, DDA, etc.) to the effect that its September 13, 2022 should be given full effect, she said.

Citing the December 18, 2023 order of the SC, she said, “It has been decided to direct that the first floor and the second floor in the markets with which the Committee has dealt shall be de-sealed forthwith. Such basements which have been sealed on account of commercial or professional activity undertaken therein shall be de-sealed upon applications filed by the owners of said premises, pursuant to said applications the MCD shall consider the applicability of the permissible FAR.”

It may be noted that these shops have been sealed since the last 4-5 years, due to which thousands of residents of Delhi have lost their livelihood and many thousands of traders are still living in fear with the sword of sealing hanging over their shops and livelihood, she wrote.

The mayor informed that keeping in mind the plight of the traders of Delhi, the MCD in its sitting on December 23, 2023 adopted a resolution that the Commissioner is directed to immediately implement the December 18 order of the JC.

“Subsequent to the said resolution, the Commissioner (MCD), being the executive in charge of affairs of the Corporation was directed to immediately implement the orders of the JC and de-seal the shops as described in the December 18 order. However, to the utter dismay of the undersigned, the Commissioner has acted in complete defiance of the said resolution and filed a SLP challenging the order of the Judicial Committee,” she said.
While hearing the SLP, the SC in its order on January 12 had questioned the maintainability of the SLP, Oberoi said.

“MCD in its meeting on January 17 once again reiterated its resolution dated December 23 and again directed the Commissioner to start the de-sealing process in terms of the December 18 order by the JC. The undersigned hereby directs the Commissioner to discharge his duties under the DMC Act and to implement the resolutions and welfare policies so passed by the Corporation in the interest of the welfare of the traders of Delhi, and to immediately implement the orders passed by the JC and resolutions passed by the full House of the Corporation,” she wrote.