Give 48-hour notice before sealing of properties, says SC

NEW DELHI : A day after it came down heavily on the Centre and the civic authorities of Delhi for failing to act swiftly against the unauthorised use of residential premises, the Supreme Court on Friday clarified that a 48-hour notice may be given before sealing a property that had been misused.

Accepting a recommendation made by senior advocate Ranjit Kumar, who is assisting the court in the matter, the court said a property under misuse would be sealed within 48 hours if the owner failed to show papers legalising commercial activity in residential area.

However, additional solicitorgeneral AS Nadkarni opposed this proposal of amicus curiae Ranjit Kumar.

Appearing for the Centre, Nadkarni argued that at least 15 days legal notice should be given to the violator to produce documents in support of the commercial activity.

On Thursday, senior advocate Ranjit Kumar had impressed on the court that the owner of the premises should be given 48 hours to produce documents.

At the end of 48 hours, the team would once again visit the premises concerned to check the documents. The interaction of the team with the property owner would be video-graphed. If there is no permission, then the premises would be sealed immediately.

But if the owner gives an undertaking on camera that the misuse would stop within 48 hours and agrees to file an affidavit then he would be given another 48 hours to carry out the alterations, failing which the property will be sealed.

The court on Friday accepted the proposal made by the amicus curiae.