The Supreme Court, while dealing with the issue of rampant unauthorized and illegal constructions in Delhi’s Chandni Chowk area, directed the Chief Justice of the Delhi High Court to nominate a Presiding Officer for the Appellate Tribunal, Municipal Corporation of Delhi (ATMCD).
The bench of Justice Surya Kant and Justice N. Kotiswar Singh issued this direction after noting that the Tribunal had granted interim stays on proposed sealing actions by the Municipal Corporation of Delhi. However, those orders continued to operate only because the post of Presiding Officer has remained vacant since the completion of the previous officer’s tenure. The Court was also informed that in several instances, property owners had secured interim relief from the High Court as well.
Taking a firm view of the situation, the Court ordered that all stay orders in connection with unauthorized construction matters within Chandni Chowk shall automatically lapse with effect from December 31. It further clarified that any party aggrieved by the vacation of such orders may approach the Court before the said date.
The municipal authorities have been instructed to implement the sealing orders already passed, with the Commissioner of Police directed to provide logistical assistance and adequate deployment of personnel to ensure enforcement.
During the hearing, the Court also entertained applications from certain shop owners, represented by Senior Advocate Madhavi Diwan, who sought to intervene on the ground that they had long-standing establishments in the area, operating for nearly four decades, and had already deposited the requisite conversion charges as demanded by the MCD.
The bench, however, made it clear that the mere longevity of occupation would not legitimize an activity if the underlying use of property was unlawful. Accordingly, the MCD has been directed to submit a detailed status report indicating whether the applicants’ properties were originally sanctioned for commercial use or whether the nature of use was subsequently altered.
It may be recalled that earlier this year, the Top Court had shown inclination to direct a Central Bureau of Investigation (CBI) inquiry into allegations of large-scale illegal commercial construction in Chandni Chowk and the civic body’s inaction in addressing it. In May, the Court had prohibited conversion of residential houses into commercial complexes in the locality, and in July, it ordered sealing of properties found to be in violation of sanctioned norms.
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