Scrap advance sealing notice, says SC panel

NEW DELHI: The SC Court-appointed monitoring panel on sealing of illegal constructions in the national capital has requested the court to do away with the present system of giving advance notice of 48 hours before taking action against such unauthorised structures as it was being misused by the offenders.

In a report filed in the apex court, the committee said provision of advance notice gives the culprits time to hastily remove the illegal structures and resort to dubious means to avoid any action by influencing officials of the civic agencies.

The court had in November last year directed the committee to give advance notice of 48 hours before sealing illegal premises.

“The monitoring committee submits that the present procedure for sealing of the offending premises has been found to be impractical as the offenders take undue advantage during the intervening notice period for bargaining the relief against financial consideration thereby increasing the rampant corruption in the local bodies. In addition, the defaulters are successful in evading payment of penalty causing huge financial loss to the local bodies. In addition we are not binding down the defaulters to any legal action against them like submission of affidavit/undertaking that he will use the premises for only bona fide use and not for any other purpose like commercial and industrial,” the report said.

The committee, comprising former advisor of Election Commission K J Rao, Environment Pollution Control Authority (EPCA) chairman Bhure Lar and Major General Som Jhingan, said the court should allow it to carry on the old practice of giving periodical advertisement in newspapers before initiating sealing drive as the earlier procedure was very efficient and there were no allegations of wrongdoings or complaints from public. It also brought to the court’s notice that the mixed use policy, which allows commercial activities only on the ground floor on notified mixed land use streets, was being misused and commercial activities were being carried out on other floors as well.

“It submits that the officials of the local bodies in connivance with unscrupulous elements turn a blind eye to such illegal activities in terms of mushrooming of coaching institute centres, guest houses, unauthorised constructions under the garb of mixed use activities in residential areas. It is of the view that in the case of mixed land use, the commercial activities should only be permissible on the ground floor and not on any other floor,” the report said.