SC refuses to stay the ongoing desealing process

New Delhi, May 29 (UNI) The Supreme Court today refused to stay the ongoing desealing of commercial establishments operating from residential areas here.

A vacation bench comprising Justice Arijit Pasayat and Justice Lokehwar Singh Panta taking up a plea of Federation of Narayanvihar Residents' Welfare Association, refused to stay the desealing process after coming into force of the Special Proivision Act, 2006 putting a one-year moratorium on the removal of all unauthorised and illegal construction in the city.

The court observed that if it came to the conclusion that the impugned act is dead in law, then the sealing will be resumed and all unauthorised construction will have to be removed but in case the court uphold the validity of the act then demolished premises could not be restored.

The Supreme Court has already admitted a petition filed by joint front of Residents' Welfare Associations and Citizens' Voice, an NGO, for hearing.

In the petitions, the validity of the impugned act has been challenged on the ground that such a law amount to surrender before builder's mafia and law breakers at the cost of law abiding citizens.

UNI AKS/SC MA BD1705