ORDER OF MONITORING COMMITTEE
The Confederation of All India Traders (CAIT) in a communication sent today to Shri Hardeep Puri, Union Urban Development Minister has asked to act against unjustified and blanket order of Monitoring Committee ordering for sealing action in Local Shopping Complexes. The said order has generated much hue & cry among traders of Delhi. There are about 140 Local Shopping Complexes across Delhi where thousands of business establishments are conducting their commercial activities and most of them have paid parking & conversion charges and even then orders have been issued for action against LSCs although the matter is sub-judice.
CAIT Secretary General Mr. Praveen Khandelwal said that such an order of the Monitoring Committee is against the principle of natural justice and legal precedence. When any matter is sub-judice, the status quo is maintained till the time it is decided by the Court.
In its communication to Mr. Puri, the CAIT reminded that the Delhi Development Authority has issued various amendments in Master Plan which also covers the LSCs and the said amendments are pending before Hon’ble Supreme Court and therefore the matter is sub-judice and hence no action can be taken till the time, the subject is adjudicated by the Hon’ble Apex Court. Under the circumstances, it is requested that suitable directions may be passed to Civic Agencies to adhere to “due process of law” and principle of natural justice.
It further said that the due process is well defined in The Municipal Corporation of Delhi Act,1957 and the MCD is obliged to follow the law by which it is governed. It is highly regretted that so far even the MCD has not followed due process of law and working under the influence of the Monitoring Committee without taking due care whether the orders are legally tenable or not. As a result of which large number of shops have been sealed without giving them any notice or opportunity of placing their defence. Moreover, the de-sealing process is highly complicated and it is impossible to get the property de-sealed with current norms.
The CAIT has requested Mr. Puri you to convene a meeting with Hon’ble LG of Delhi, Senior officials of MCDs/NDMC/DDA and other concerned authorities with representatives of trade to discus the issue and put the law od the land in place.