Asked June 18, 2013

harassment by public authorities

  • 1 Answer

my shop is in a dda flat in delhi on non-notified road. as per mpd 2021 only a single shop is allowed to function in a dda flat. however there were three shops in the said flat therefore one was sealed, one was converted into residential and the other one continued to function. but as the other owner whose shop was sealed disputed that why he shouldnt be allowed to run his shop then the monitoring committee appointed by supreme court in case no.4677 of 1985 writ petition civil ordered to seal both the shops. now the current position is that the second shop owner also converted the shop into residential so that the dispute should end but still the monitoring committee is not allowing the desealing of the remaining shop. the file relating to desealing has been roaming around from the office of mcd rohini zone and monitoring committee since 4 years. what should be done in this case.?

Answer 1

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Hi, The monitoring commitee appointed by the Supreme Court is bound by the orders and or directions of the Supreme Court. The commitee cannot act beyond the scope of the orders passed by the Hon'ble Court.I understand that the order of the Hon'ble Court explicitly directed sealing of both the shops. Therefore despite the fact that the second owner has subsequently converted the user of his shop premises into  residential  purposes, the commitee may not have the power to allow desealing of the remaining shop at all provided there are no directions to the contary. Considering the same, I opine that an application be made before the Supreme Court indicating the changed circumstances and consequent thereto praying for modification of the order and or for necessary directions upon the monitering commitee empowering it to declassify the remaining shop . However, I would like to have a look at the order passed by the Supreme Court in the above reffered matter to see if there are any alternatives and further if the monitering commitee has such powers for declassification at all. I request you to send the order as an attachment to me, on lawfarm using the inbox facility in your profile for the same.
Agree Comment 0 Agrees over 8 years ago

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