Traders hail SC decision on sealing

The Confederation of All India Traders (CAIT) welcomed the Supreme Court's decision to transfer all matters related to sealing shops to the Appellate Tribunal and the Delhi High Court. According to Praveen Khandelwal, secretary general of the CAIT, the SC's prudent order gives the traders an opportunity to exercise their right to file an appeal against the sealing orders, under Section 347B of the Delhi Municipal Corporation Act, 1957, in Appellate Tribunal of the municipal corporation first, followed by the upper court and finally in the SC.

Calling the decision a great relief for traders of the capital, Khandelwal alleged that because of the lethargic and irresponsible attitude of the Municipal Corporation of Delhi (MCD) "the traders were suffering for seven years".

According to Section 347B, before sealing any shop the MCD had to send a notice to the traders and wait for a response from them. Incase, the traders found MCD's decision unsatisfactory, they could appeal to the court. However, in the last few years, the MCD was not following the due procedure and instead was sealing shops without sending any notice. Khandelwal alleged that the SC had not termed this unlawful.

The SC order by justice HL Dattu and justice Jagdish Singh Khehar stated that all intervention applications filed, relating to sealing issues, that are pending before the SC will be treated as appeals under Section 347B of DMC Act, Section 253 of New Delhi Municipal Corporation Act and Section 31B of Delhi Development Act before the respective Appellate Tribunals of the concerned Authority. The apex court has prescribed the Appellate Tribunals to dispose off the appeals as soon as possible. "The court has also granted the right for appellants to file additional affidavits, counter affidavits and additional documents with the leave of concerned tribunal," Khandelwal said.