How To Get Your Property De-sealed

The ongoing sealing drive in Delhi has left traders in a precarious situation. While some of them are complaining that the sealing drive had been conducted abruptly during which the team did not give enough time to the traders to present the required documents, others mentioned that their properties had been sealed despite paying conversion charges and requisite fees.

However, in order to provide relief to the traders, the Supreme Court (SC) in January had allowed traders to get their property de-sealed if they followed the proper procedure.

Submit undertaking

Those traders who felt that sealing was unjustified and done arbitrarily can apply for relief in the concerned municipal corporation. The mechanism has been set to help such traders in accordance to the SC-appointed monitoring committee through which owners claiming to have all the relevant documents can certify that they have already paid the conversion charges. These traders need to report to the deputy commissioner of the zones in which their commercial establishments are located and submit the supporting receipts and documents. While a majority of the shops have been sealed due to non-payment of the conversion charges, there were few cases of illegal constructions.

Also, the municipal corporations are in talks with the monitoring committee to de-seal few shops temporarily so that the perishable goods can be relocated.

The affected ones can also file a writ petition with the High Court against the Municipal Corporation as currently only Supreme Court and Monitoring Committee can approve the de-sealing.

Past rulings

There have been several rulings in the past by the Delhi High Court regarding regulations to be followed for de-sealing the property. One of these was passed by the court in 2011, according to which any property sealed without notice and passing order has to be de-sealed. At the same time, another court ruling indicated that a property cannot be indefinitely sealed if respondents have expressed a willingness to file undertakings before the commissioner that they would not misuse the premises and would strictly use the same for the prescribed purpose.

Earlier, in 2008, the court had ruled that if in any case it is found that building or construction raised on a sub-divided plot or any of its part, is in terms of Municipal and building bye-laws and yet has been sealed, it shall be de-sealed.