Chandni Chowk Illegal Constructions : Supreme Court Vacates Stay On MCD's Sealing Orders With Effect From Dec 31

Dealing with the matter pertaining to unauthorized and illegal constructions in Delhi's Chandni Chowk area, the Supreme Court today asked the Chief Justice of Delhi High Court to appoint a Presiding Officer for Appellate Tribunal, Municipal Corporation of Delhi (ATMCD).

The order was passed by a bench of Justices Surya Kant and N Kotiswar Singh, after it was informed by the Municipal Corporation of Delhi's counsel that the ATMCD passed stay orders on sealing action proposed with regard to properties where unauthorized constructions were made or where properties were being used for purposes other than residential. But, the stay orders were continuing as the post of Presiding Officer, ATMCD is lying vacant since the expiry of term of the previous PO. Further, in some cases, stay orders have been obtained from the High Court as well.

In this backdrop, the bench directed that all stay orders passed in unauthorized construction cases pertaining to the Chandni Chowk area shall stand stayed and become ineffective with effect from December 31. If any person has any grievance regarding vacation of the stay orders, they may approach the Court prior to December 31.

The municipal authorities were directed to act on the sealing orders passed by them, in which regard the Commissioner of Police shall extend logistic support and deploy police personnel.

The Court also issued notice on application(s) of certain shop owners, represented by Senior Advocate Madhavi Diwan, who pressed that they have interim protection and ought to be impleaded and heard before MCD passes any further orders. It was contended by them that they have been in the area since 40 years and had duly paid the conversion charges asked for by MCD.

Expressing that 40 years' presence would not impress it if the use of the property was illegal, the Court called for a status report from MCD, which shall specify whether the applicants' properties were commercial since inception or their use was subsequently changed.

To recap, in February, the Supreme Court expressed an inclination to direct a Central Bureau of Investigation enquiry into alleged illegal and unauthorized commercial construction in Chandni Chowk, Delhi as well as the Municipal Corporation of Delhi's failure to deal with the same.

In May, the Court passed an order staying the conversion of residential houses into commercial complexes in the Chandni Chowk area. In July, it directed sealing of all properties in the area where unauthorized or illegal construction was found to be going on.

Case Title: DR. S. JAITLEY AND ANR. Versus MUNICIPAL CORPORATION OF DELHI AND ORS., Diary No. 35312-2024

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