SC takes exception to enactment of Delhi Laws

New Delhi, July 17 (UNI) The Supreme Court today took strong exception to the enactment of Delhi Laws (special provisions) 2006 putting one year moratorium against the removal of unauthorised construction and sealing of commercial establishments operating from residential areas in Delhi.

A bench comprising Chief Justice Y K Sabharwal and Mr Justice C K Thakkar, while adjourning the matter till July 31, told the Centre in unequivocal terms that ''this is pure and simple legislation aimed at overruling the orders of the court''.

The court granted one week to the central government to file its counter affidavit and directed the petitioner to file their rejoinders within three days thereafter.

The court also told Solicitor General G E Vahanvati that such legislations create only confusion.

First the Centre tried to create confusion on March 28 2006 when it directed that sealing of the premises shall not resume from March 29 as directed by this court as the government intended to seek six months from the court and now this act, the court further observed.

The Chief Justice also told the Solicitor General that this government first filed an application seeking six months stay against the sealing process and later withdrew it without informing the court about its intention of bringing in the legislation.

Rejecting the plea of petitioner seeking interim stay against the operation of the impugned act, the court said, ''we do not want to add to the confusion.'' The court had ordered the sealing of commercial premises and removal of unauthorised construction in the city as the same were in violation of the Delhi Master Plan.

The government through the impugned act through section 3 (1) of the act has assured that it would bring in new master plan within a year to remove the hardships of the people.

UNI AKS/SC MA VA DS1212