New Delhi, Feb 3 (SocialNews.XYZ) The Supreme Court on Wednesday questioned the decision of monitoring committee to seal shops in the Defence Colony area of south Delhi.
A bench, headed by Chief Justice S.A. Bobde, said: "If it is a fact that the premises which have been sealed on the ground of unauthorised change of user from residential to commercial, was actually sold as a shop, we see no reason why the sealing should continue."
The observations from the top court came during the hearing of application of the Defence Colony Market Welfare Association seeking de-sealing of their shops.
Senior advocate P.S. Narasimha, representing the association, submitted that there are many shops which have been purchased by the owners for commercial use, but these have been sealed by the monitoring committee on the ground that there is an unauthorised and illegal diversion of the use of the shops.
"If premises were sold as commercial, then they should be de-sealed," observed the Chief Justice. The bench stressed that the court accepts, in principle, that the sealing of shops was not correct, as it affects the livelihood of the shop-owners.
The top court noted that the monitoring committee has made the allegation of unauthorised use, stating the premises which have been sealed, were originally purchased as residential units and have now been unauthorisedly converted to commercial use.
Narasimha contended that on the bases of certificate of sale (lease hold properties) issued under Rule 90(15) establishes the premises were originally purchased as a shop. "Further the notice for the auction held on 20.11.1957, shows that 14 shops in Defence Colony were meant to be auctioned," he added. Narasimha said that shops have been closed for last two years.
The bench, also comprising Justices A.S. Bopanna and V. Ramasubramanian, questioned the counsel for South Delhi Municipal Corporation (SDMC) and the amicus curiae in the matter, what is the issue if the shops were originally purchased as commercial properties?
Narasimha also cited land and development office document establishing that commercial rates were paid at the time of auction and the premises were sold as commercial.
Senior advocate Sanjiv Sen, representing SDMC, argued that only the ground floor was commercial, and the basement and the first floor of the premises in question was residential.
The bench noted that it is important to ascertain the premises which have been sealed were originally purchased as shops meant for commercial use. "We accordingly consider it appropriate to direct that a list be prepared of all such premises which were originally purchased as shops and have now been sealed on the ground that residential premises have been converted unauthorisedly to commercial premises," it said.
Sen added that sealing was done after conversion charges were not paid to the SDMC, and cited the provision in the Delhi Master Plan which states that conversion charges have to be paid.
The bench asked advocate A.D.N. Rao, the amicus curiae, to scrutinize all the relevant documents regarding the original purchase of the premises. Sen sought time to point out such documents which will show the true status of the shops in question when they were purchased. The top court has scheduled the matter for further hearing after four weeks.
Source: IANS
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