Delhi Sealing : Premises Originally Purchased As Shops Not To Be Sealed, Says Supreme Court [Read Order]

The Supreme Court has observed that there is no reason to continue the sealing of premises by the Municipal Corporation of Delhi if they were actually sold as shops.

"If it is a fact that the premises which have been sealed on the ground of unauthorised change of user from residential to commercial, was actually sold as a shop, we see no reason why the sealing should continue", said a bench headed by the Chief Justice of India SA Bobde.

The bench made this observation while considering an application filed by Defence Colony Market Welfare Association. Senior Advocate P S Narasimha, appearing for the association, submitted that many shops were sealed by the authorities alleging unauthorized conversion of residential use to commercial use. The senior counsel submitted that the premises were originally purchased as shops and hence there was no question of unauthorized conversion of user.

In this context, the bench observed that t is important to ascertain which of the premises which have been sealed were originally purchased as shops meant for commercial use.

"We accordingly consider it appropriate to direct that a list be prepared of all such premises which were originally purchased as shops and have now been sealed on the ground that residential premises have been converted unauthorisedly to commercial premises", observed the bench, also comprising Justices AS Bopanna and V Ramasubramanian.

Observing that the issue related to the right to livelihood of the members of the Defence Colony Market Welfare Association, the bench directed Advocate ADN Rao, the amicus curiae, to file a report after scrutinizing the relevant documents related to the original purchase of the premises. The report has to be submitted within four weeks.

The Court has also permitted South Delhi Municipal Corporation to point out documents showing the true status of the shops in question.

In August 2020, the Court had set aside the sealing of residential units done by the Court-appointed Monitoring Committee observing that the Committee had never been authorized to take action against the residential premises that were not being used for commercial purposes.

The sealing drive was launched by the MCD in 2006 to close illegal commercial establishments. In April 2006, the Supreme Court intervened and appointed a Monitoring Committee to address the issue of use of residential premises for commercial purposes, and to inspect premises in which illegal constructions had been made.

 Click here to read/download the order