Shops sealing: SC holds govt, MCD responsible for confusion

New Delhi, Mar 31 (UNI) The Supreme Court today held the government and Municipal Corporation of Delhi (MCD) responsible for creating confusion about the sealing of commercial establishtments operating from residential areas in Delhi.

The response of the court came when MCD mentioned the matter for seeking clarifications from the court whether the civic body should follow the court's directives or should go by the government notification issued at night on March 28 permitting mixed land use in the national capital. The sealing procees was to start from March 29 as per the apex court orders on 189 roads of 80 ft. width.

A bench comprising chief Justice Y.K. Sabharwal, Mr. Justice C.K.

Thakker and Mr. Justice R.V. Raveendran wanted to know from the MCD counsel Sanjeev Sen the date of order directing sealing of shops in residential areas and the date of government notification and the date of commencement of sealing process.

In the morning the court told the shop owners from the Gurdwara Road in Karol Bagh and Africa Avenue to go to the monitoring committee when some of them mentioned the matter saying that their names were not there in the list of premises to be sealed and even then their premises had been sealed.

The Court refused to issue any clarification regarding the confusion created by the Central Government notification issued on the night of March 28 permitting 'mixed land use' in the residential areas of Delhi.

Mr Sen submitted that the notification has created a confusion so far as the sealing process in the National Capital is concerned.

The court said, ''Let the monitoring committee, appointed by this court submit its report. Only then we will give any clarification and we will not give any clarification at this stage.'' Sealing of commercial establishment operating from residental areas in Delhi was due to start on March 29 as per the Supreme Court order.

The court had earlier said, ''Sealing will not stop without the permission of this court. Let them bring the law, we will examine its validity''.

The court has also said that sealing process will go on notwithstanding any order passed by any court in Delhi.

The court had however granted time till June 30 to those who gave an affidavit of undertaking to the MCD by March 28, assuring that they would stop the misuse by that date.

Filing of false affidavit shall be treated as perjury and shall also render the person concerned liable for prosecution for the contempt of the apex court.

An undertaking was also to be given to the effect that no futher extension would be sought on any ground.

A sealing process in relation to those who have filed affidavit was to go on as per schedule.

The monitoring committee overseeing the sealing process comprises Bhure Lal and former Election Commision Observer K J Rao.

UNI AKS/SC RP HT1818