Ordinance against sealing challenged in SC

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New Delhi, Sep 18 (UNI) The Union government Ordinance promulgated on September 15, 2007 providing blanket protection against sealing and also against removal of encroachments and illegal construction in Delhi was today challenged in the Supreme Court.

Petitioner Delhi Pradesh Citizen Council (DPCC) in its application contended that the impugned Ordinance keeping in abeyance all action against sealing on commercial premises operating from residential areas in the national capital till December 31, 2008, is an attempt by the government to nullify the orders and directions of the apex court and the government has no power to issue any Ordinance which is aimed at over reaching the orders of the court.

The petitioner organisation has prayed to the court to strike down the National Capital Territory of Delhi Laws (special provision) Second Ordinance 2007 as unconstitutional.

The petitioner has also prayed to stay the operation of the Ordinance.

According to the Ordinance which has come into force with retrospective effect that is from May 19, 2007 suspends all actions against the encroachments, illegal constructions, removal of slum and jhuggi jhopri dwellers, hawkers and urban street vendors, unauthorised colonies or part there of, village abadi areas and its extensions till December 31, 2008.

The petitioner has also asserted that government should have brought a relevant Bill when Parliament was in session.

Sainik farm houses, school dispensaries, religious institutions cultural institutions, storage warehouses and godowns used for agricultural inputs or produced shall also not be acted against even if they are having illegal and unauthorised construction beyond permissible limit.

The petitioner has also alleged that the Ordinance protects the violators of the law as well as ignores the law abiding citizens living in the city.

The application is likely to come up for mentioning this week.


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