NEW DELHI: The controversial sealing of unauthorised constructions in the national capital has come under legal scrutiny as a Public Interest Litigation (PIL) challenges the opaque powers exercised by the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council.
The petition, filed by social activist and practicing advocate Amit Sahni, argues that affected people are often blindsided by the abrupt sealing of their premises without prior communication of the final order. The plea urges the Delhi HC to mandate that sealing orders be served immediately after the hearing and before the actual sealing takes place, ensuring affected persons are informed about their appellate rights and the 30-day appeal window.
It highlights a glaring procedural gap: under the current practice, individuals first learn of the sealing when officials arrive to lock the premises, leaving them scrambling for legal recourse after the fact.
For NDMC, the plea said that the copy of the final sealing order passed under section 250 of the NDMC Act is not provided to the affected person before the sealing of premises. Such a process clearly deprives the affected person to avail 9 the statutory remedy as provided under 254 of the NDMC Act.
“Due to this anomaly, the owner/occupier are taken by surprise because the premises are sealed and the orders are communicated only after sealing,” it read.
It also stated that MCD clearly deprives the affected person to avail the statutory remedy as provided under 347B (m) of the Delhi Municipal Corporation Act.
The activist had submitted a formal representation to the authorities seeking corrective action. However, his plea alleges that no response has been received, compelling him to approach the court.
The petition not only challenges the legality of the sealing process but also seeks an interim direction ensuring that until the final decision, MCD and NDMC provide a copy of the sealing order to parties affected before enforcement.