SC – Premises purchased for running shops not to be sealed by Municipal Corporation (Delhi)

The Supreme Court stated that the premises which were sold out as shops need not be sealed by MCD on grounds of unauthorized change of user.

The apex court made this observation in an application filed by Senior Advocate P S Narasimha, on behalf of Defence Colony Market Welfare Association.

According to the counsel, the respective authorities sealed premises and alleged that there has been unauthorized conversion of users. The counsel submitted that since the premises were purchased as shops in the first place, there arises no question of illegal conversion of users.

The bench considered it important to ascertain how many premises have been sealed on grounds of unauthorized conversion, and directed the amicus curiae, Advocate AND Rao, to prepare of list of such premises and submit the report in four weeks.

The bench also observed that the issue at hand has a direct connection with the right of members’ of the association to conduct activities to support their livelihood.

In the month of August 2020, the court had objected upon the sealing of residential premises conducted by Monitoring Committee appointed by it and stated that it didn’t authorize the committee to take action against the residential premises which were not being used for commercial undertakings.

This drive of sealing premises began in the year 2006 by MCD with an objective to shut down all illegal commercial undertakings.

The Supreme Court intervened in 2006 and appointed a committee to address the issue of residential premises being used as commercial establishments, and also to inspect premises in which illegal construction had been allowed.