Supreme Court Ruling on Sealing Issue brought smiles on Traders face

CAIT welcome apex court ruling

5 Dariya News (Vijyender  Sharma)

New Delhi 12-Apr-2013

The Confederation of All India Traders (CAIT), an apex body of business community of the Country has welcome the ruling of Supreme Court with regard to sealing of commercial establishments in Delhi, that all cases pertaining to sealing will be now heard by the High Court since the cases are related to local laws. The CAIT was leading the citywide agitation against sealing matter in Delhi in the past and constantly working on the matter even till today.

" The ruling of the Supreme Court is a welcome step since it has uphold the due process of law. The ruling can be termed as 'landmark' since the traders and people of Delhi were deprived of the statutory provisions of the Municipal Corporation Act, 1957 and other relevant Acts and Rules.The matter was hanging fire since last seven years and saw mass scale sealing of commercial establishments in Delhi-said CAIT Secretary General Mr. Praveen Khandelwal today. The CAIT has raised several times this issue before all appropriate forum in the past that never the apex Court has put any question to the validity or enforcement of the statutory laws and provisions then as to why the traders are not allowed to seek justice through available forums-added Khandelwal

Khandelwal apprehended that the MCD or the Government did not bring to the notice of the apex court the provisions of relevant governing Act and Rules etc presumably under fear complexion of exposure of additions acts of omissions and commission perpetuated by Officials. As per MCD Act,1957 Section 347 E put bar on jurisdiction of Courts i.e. any aggrieved person is debarred from approaching Civil Courts. Section 347 B provides remedy to any aggrieved person .to file an appeal with the Appellate Tribunal.Section 347 D of the Act allows the person to file an appeal with the Administrator (Lt.Governor) against order of Appellate Tribunal. Section 467 delegates powers of prosecution against offences whereas Section 471 lays down limitation period for prosecution.

It is further noteworthy that during last seven years, the above statutory provisions and Rule of Law were kept aside by the MCD. Sealing of commercial establishments were carried merely on verbal orders even flouting the principle of natural justice and throwing laid down procedures to winds.The ruling of the Supreme Court thus has once again established the due process of law. Because of keeping aside the statutory provisions, the traders in Delhi have suffered a lot. Still about more than 6000 shops are sealed. The CAIT has hoped that with the ruling of the apex court, the justice will prevail.