NEW DELHI: The Delhi High Court on Monday summoned the Municipal Corporation of Delhi (MCD) Commissioner and its Chief Law Officer to explain why the local body had de-sealed farmhouses that did not meet the required standards to conduct social functions without its prior permission. A Division Bench of the Court comprising Justice Vijender Jain and Justice Kailash Gambhir directed the Commissioner and the Chief Law Officer to be present in the Court in person on August 21 and apprise it of the grounds on which the farmhouses were de-sealed and permitted to be leased out to organise social functions, including marriages.

The Bench passed the order on a petition by a voluntary organisation challenging the de-sealing submitting that the local body had violated a stay order of the Court of July 6, 2004, on organising social function in the farmhouses.

The Court had passed the stay order on a public interest litigation by Bhrashtachar Virodhi Sangathan seeking a direction to the local body to frame fresh guidelines on commercial use of farmhouses, parks and banquet halls as the old guidelines had lapsed in March 2004, and no fresh ones had been issued since.

The petitioner submitted that the local body had de-sealed the farmhouses taking recourse to the Delhi Laws (Special Provisions) Act, 2006.Counsel for the petitioner, Manjit Singh, submitted that the civic body had also taken the opinion of Additional Solicitor-General A. Sharan before ordering the de-sealing.

In his advice, Mr. Sharan had said that "... those farmhouses/banquet halls which had been illegally developed prior to 1.1.2006 are entitled to protection under Section 3 (one-year moratorium on demolition/sealing of unauthorised constructions in the Capital) of the Act, and where it had come after 1.1.2006, the same will be covered by Section 4 (allowing demolition/sealing of unauthorised constructions) of the Act,'' Mr. Singh said quoting Mr. Sharan.

The Court had passed the stay order in larger public interest to provide relief to those residing adjacent to farmhouses from traffic congestion and pollution.

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