SC to consider relief for business in residential areas

New Delhi, Mar 20: The Supreme Court today (Mar 20, 2006) indicated it may consider some relief for those running commercial establishments in residential areas if they give an undertaking to shift their business elsewhere within a definite period of time.

A bench comprising Chief Justice Y K Sabharwal, Mr Justice A R Lakshmanan and Mr Justice C K Thakker adjourned the matter to March 24.

Earlier, the Municipal Corporation of Delhi (MCD) informed the court through senior counsel Harish Salve that it has identified 189 roads, which are 650 ft wide, having more than 50 per cent buildings being misused for commercial activities.

The MCD also undertook to issue a clarification to advertisements in newspapers saying that all buildings in which commercial activities were taking place on these roads would be sealed irrespective of the extent of misuse.

Senior counsel Ranjit Kumar, amicus curiae, brought to the notice of the court that MCD was trying to shield the misusers by saying only those areas where the number of buildings being misused was above 50 per cent, would be sealed as per the Supreme Court order.

He also pointed out that MCD had passed a resolution saying no action should be taken on Supreme Court orders.

At this the Chief Justice remarked ''it calls for an explanation from the MCD''. The court also said something has to be done to stop the misuse and also asked the parties to suggest the names of independent people whose integrity was above board to monitor the job of sealing of the buildings.

The indication for considering the affidavit came on an application filed by a furniture house in Lajpat Nagar. Mr Rajiv Dutta, senior counsel appearing for the applicant, sought extension of time for shifting his showroom in which 149 people were employed.

Mr Dutta assured the court that he would give an undertaking to shift the showroom within the time limit. The Chief Justice said, ''don't fire shots from the shoulder of workers.'' It may lead to filing of a large number of such applications for extension of time, he added.

The court may pass a general order extending time for shifting a commercial activity from residential area within a given time subject to the filing of an undertaking in the court.

Earlier, 229 roads, which are 80 feet wide, were identified as being misused beyond 50 per cent. Now the number such roads has come down to 189.

UNI