Sealing: Trades of residential needs exempted

New Delhi, Sept 29: In a major relief to 22 trades of daily needs operating from residential areas in Delhi, the Supreme Court today exempted them from sealing operations.

A bench headed by Chief Justice Y K Sabharwal thereby directed the small shop owners to get themselves registered by December 21, 2006. The apex court holding that legislature can not make laws to nullify the orders of the court, also restrained the respondents namely Centre, Delhi government, DDA, MCD and NDMC from issuing any fresh notifications.

Regarding those who had filed affidavits of undertaking that they would stop the misuse themselves by June 30, 2006 which was later extended to September 15, 2006, the sealing should start forthwith.

Keeping in view the festive season the court, however, permitted those who have given affidavits of undertaking to stop commercial activities by October 31, 2006.

The court directed that sealing process in respect of those commercial premises which have not been covered by the impugned notification dated September 7 and 15, 2006, the sealing process would continue.

Sealing would be done in a systematic manner in consultation with the court appointed monitoring committee. Street pathways and pavements should be kept free of any commercial activity.

The court also directed all shopkeepers getting relief under the impugned notification to submit affidavits to the monitoring committee stating that they would vacate the commercial premises if the impugned notifications are quashed by this court. The affidavit has to be submitted latest by October 30.

Other judges on the bench were Mr Justice C K Thakker and Mr Justice R V Raveendran. The hearing was adjourned till November.

Exempted trades include vegetable seller, fruit seller, stationary shops, cyber cafe, barber shops, kirana shops, bakery shops, grocery shops.

The court further ruled "all laws must be in the direction of maintaining rule of law. There cannot be any doubt that in any purported exercise of legislative powers laws aimed at nullifying and upsetting the orders of the court are not within the competence of the legislature." Regarding professionals such as doctors, lawyers, charted accountants and architects, the court noted the statement of the government counsel Indira Jaisingh that the centre would itself consider their represenations and take appropriate decisions.

The maximum area of small shops spared from sealing is not to be more than 20 square metre.

The court also directed the government to undertake proper planning without any further loss of time.

UNI