SC – Premises bought for the operation of shops and never meant to be sealed by Municipal Company (Delhi)

The Supreme Court ruled that the premises sold out as stores did not need to be sealed by MCD due to an unauthorized change of occupancy.

The Apex Court made this comment in a motion filed by Senior Advocate PS Narasimha on behalf of the Defense Colony Market Welfare Association.

According to the lawyer, the respective authorities have sealed the premises, claiming that there has been an unauthorized conversion of users. The lawyer alleged that since the premises were primarily purchased as shops, there was no question of illegal conversion of users.

The bank felt it was important to determine how many premises had been sealed due to an unauthorized conversion and directed the Amicus Curiae, Advocate AND Rao, to draw up a list of those premises and submit the report within four weeks.

The bank also found that the issue at hand was directly related to the right of members of the association to engage in activities to support their livelihood.

In August 2020, the court objected to the sealing of residential buildings carried out by the oversight committee it had appointed, stating that it had not empowered the committee to take action against residential buildings that were not used for commercial purposes.

This property sealing initiative started by MCD in 2006 with the aim of closing down all illegal trading businesses.

The Supreme Court intervened in 2006 and appointed a committee to deal with the issue of the use of residential buildings as commercial establishments, including inspecting premises where illegal construction was allowed.

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