SC allows de-sealing of buildings in Delhi

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New Delhi, Feb 13: In a major relief to Delhi traders and the Central Government, the Supreme Court today cleared the decks for the MCD to continue with the desealing of commercial premises operating from residential areas in the capital which were sealed under its earlier orders.

With today's orders the Delhi government and the MCD will heave a sigh of relief. A bench comprising Justices Arijit Pasayat, C K Thakker and Lokeshwar Singh Panta refused to stay the notification issued by the Central Government in January this year, permitting the desealing of those premises which were sealed under the orders of the bench headed by former Chief Justice Y K Sabharwal.

The apex court, however, directed that the owners of the premises which are to be desealed in view of the latest notification will have to give an unndertaking that they will abide by the outcome of the petitions already pending in the court against the notificatiion.

The apex court also fixed July 7 for the hearing of the main case for examining the validity of the Master Plan Delhi 2021. The government has to explain whether it had provided basic needs and infrastructure such as water, electricity, roads and schools for the residents of the unauthorised colonies numbering about 1500, having a population of more than 20 lakh.

The court will also hear other matters related to sealing of those premises which are not protected by the latest notification on Monday next.

The bench headed by the then Chief Justice Sabharwal had ordered the sealing of commercial premises illegally operating from residential areas in September 2006.

The latest notification issued by the Union Urban Development Ministry provides blanket protection to all the unauthorised constructions, encroachments and commercial premises operating from the residential areas till December 31, 2008. The assembly election in the capital are due to be held this year.


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