Delhi High Court Challenges Authority on Sealing Practices

The Delhi High Court has issued a notice to local authorities regarding controversial rules on sealing unauthorized constructions. Activist Amit Sahni challenges the legality of the current process, claiming it deprives individuals of statutory rights and violates constitutional principles.

The Delhi High Court on Wednesday issued a notice to the Municipal Corporation of Delhi (MCD) and New Delhi Municipal Council (NDMC) in response to a plea challenging the regulations on sealing unauthorized constructions. The plea alleges that sealing premises without serving a sealing order and denying affected individuals their statutory rights is an arbitrary and unconstitutional exercise of power.

The bench, comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela, listened to submissions and subsequently sought responses from the Centre, MCD, and NDMC, scheduling the matter for April 2, 2025. The petition, filed by activist and practising advocate Amit Sahni, also requested the removal of the Delhi Government as a respondent, citing its inclusion in the case as unnecessary.

The plea asserts that after a hearing, a copy of the sealing order should be given to the affected individual before sealing the premises. It also mandates that information about the appellate authority and the 30-day appeal period be provided. Sahni argues the current practice leaves owners or occupiers unaware until sealing is executed, undermining their right to a statutory remedy.

The petitioner alleges his representation from January 7, 2025, received no response. He urges interim measures ensuring the MCD and NDMC furnish sealing orders to affected individuals before any sealing actions during the petition’s pendency. Sahni emphasizes that the current process results in unforeseen hardships for those impacted.