HC prohibits NDMC from taking coercive action against shops

In a breather to shopkeepers operating inside the Birla Mandir premises here, the Delhi High Court today prohibited the New Delhi Municipal Council (NDMC) from taking any coercive action against them for a week.
A bench of Justice Manmohan, however, directed the shopkeepers to approach the Appellate Tribunal for NDMC for redressal of their grievances.
"You should go before the Appellate Tribunal for NDMC," Justice Manmohan said, adding, "Meanwhile, I direct NDMC not to take any coercive action against the petitioners for a week."
The court was hearing a plea by four shopkeepers, filed through advocate Anusuya Salwan, seeking quashing of the show cause notice issued to them under Section 250 of the NDMC Act, 1994 alleging misuse of the premises.

NDMC, while issuing notice to the shopkeepers, had warned them of coercive action saying they were illegally carrying out commercial activity in the premises.
According to the plea, the Land and Building Department had entered into a lease agreement in 1939 allotting property in the name of Shri Sanatan Dharam Sabha Laxmi Narayan Temple Trust for construction of temple known as Birla Mandir.

The trust constructed a temple (Birla Mandir) and for the convenience of the devotees, it constructed small shops for the purposes of selling prasad, flowers, religious books, religious CDs, idols etc, the plea said.
Claiming that Section 250 of the NDMC Act is applicable only in case of unauthorised constructions, the plea said that show cause notices do not relate to any alleged unauthorised construction but were only for alleged misuse with respect to commercial activity.

The plea also said that the petitioners were carrying out activities required for functioning of the temple for which lease was executed by the Land and Building Department.
"The respondent be restrained from taking any coercive action against the petitioners who have been running their shops from time immemorial for the devotees and visitors of the temple," the plea had said.