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CAIT HAILED TRANSFER OF SEALING CASES BY SUPREME COURT TO DELHI HIGH COURT

The Confederation of All India Traders (CAIT) which led trader’s agitation against sealing in past years has expressed happiness and satisfaction over the transfer of sealing cases by Supreme Court to Delhi High Court. ” It is a prudent order of the Supreme Court which gives us opportunity of exercising our right to make an appeal in Appellate Tribunal of Municipal Corporation as provided under Section 347 B of the MCD Act, 1957 first and then to upper Courts and finally at Supreme Court”-said Mr. Praveen Khandelwal, Secretary General of the CAIT, the person who led the agitation throughout.

Citing it as a great relief for traders of Delhi for obtaining due justice, Mr. Khandelwal said that because of the lethargic and irresponsible attitude of the Municipal Authorities, the traders had to suffer for seven years since traders were enjoying this right as the Supreme Court has never made any provision of the MCD Act,1957 as unlawful and MCD was binding to follow due process of law but on the contrary to it without giving any show cause notice or oppertunity of hearing as committed by MCD in its affidavit filed in the Supreme Court on 16.11.2005.

Mr. Khandelwal informed that Supreme Court Order delivered by Justice H.L.Dattu and Justice Jagdish Singh Khehar stated that all Intervention applications filed in the Supreme Court in sealing matter pending before the Court will be treated as appeals under Section 347 B of MCD Act, Section 253 of NDMC Act and Section 31B of DDA Act before the respective Appellate Tribunals of the concerned Authority. The apex Court has prescribed to dispose off the appeals as early as possible within a period of one year period by Appellate Tribunals. The Court has also granted right for the appellants to file additional affidavits, counter affidavits and additional documents with the leave of concerned Tribunal.

He also informed that those people who could not file appeal against sealing order of the Monitoring Committee, the apex Court has also granted them liberty to file appeal before the Appellate Tribunal.

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