Delhi HC notice to NDMC, MCD on PIL against sealing practices

New Delhi: The Delhi High Court on Wednesday issued a notice to the Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NDMC) on a plea challenging the rules regarding the sealing of unauthorized constructions. According to the plea, the practice of sealing premises without serving a sealing order and depriving the affected individuals of their statutory rights constitutes an arbitrary exercise of power and is both unlawful and unconstitutional. The bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela after hearing the submission sought responses from the Centre, MCD and NDMC and listed the matter for April 2, 2025. Meanwhile, the petitioner Amit Sahni has requested the removal of the Delhi Government as a respondent in the case. This request comes after the bench observed that including the Delhi Government as a party in the matter was unnecessary. The plea stipulated that a copy of the sealing order must be given to the affected individual after the hearing concludes and before the premises are sealed. Additionally, it requires that details of the appellate authority and the 30 days for filing an appeal be included. Anomaly In Rules Petitioner Amit Sahni, an activist and practising advocate, stated in his plea that due to an anomaly in the rules, the copy of the final sealing order passed under the relevant Act is not provided to the affected person before the premises are sealed. Arbitrary Process This process deprives the affected person of the opportunity to avail the statutory remedy. As a result, the owner/occupier is often taken by surprise, as the premises are sealed, and the orders are communicated only after the sealing has taken place, the plea said. The practice of sealing premises without serving the sealing order and depriving the affected person of their statutory rights is an arbitrary exercise of power and is both unlawful and unconstitutional. The petitioner, Amit Sahni, had made a representation on January 7, 2025, to the respondent to address the issue, but to the best of his knowledge, no action has been taken on the representation. The plea also sought a direction to the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC) to ensure, as an interim measure during the pendency of the present petition, that a copy of the sealing order under the relevant act is provided to the affected persons before the sealing process is initiated.