Sealing: Centre moves SC for modification of order

New Delhi, Oct 13 (UNI) The Union Urban Development Ministry today filed an application in the Supreme Court seeking to modify the order dated Sept. 29, 2006 restraining the government from issuing any fresh notification without prior permission of the court.

The Centre has also prayed to the court to remove the condition imposed on those covered by the protection provided in the impugned notifications dated Sept. 7 and Sept. 15,2006 to file an affidavit of undertaking that they would stop the misuse if the impugned notifications are to be declared ultra vires of the Constitution by the apex court.

The government in its application for modification has expressed its inability to comply with the directions of the court to traders carrying on commercial activities along 2183 roads in the capital covered by the impugned notifications to file affidavit of undertaking due to some practical difficulties. Number of traders working along these roads may run in lakhs and the condition of obtaining certificate from an Architect requires obtaining sanction for a plan approved from the civic body which is a herculean task and can not be accomplished in such a short period of time as these traders are required to file affidavits of undertaking latest by Nov. 10,2006.

The government has also prayed to the court to lift the ban imposed by it against issuance of fresh notification as discussion with local bodies may necessitate the issuance of further notifications.

Sealing in the national capital is to resume from first of next month and over 41000 traders who have filed affidavit of undertaking in the apex court that would stop the misuse latest by June 30,2006 which time limit was extended by the court till Sept.

15,2006 and further till Oct. 31, 2006 in view of festival season.

The plan of the government to issue fresh notifications to cover additional 2000 roads in the metropolitan city of Delhi has run into rough weather due to the restraint order passed by the apex court.

According to the ten-page application filed by the Centre, filing of affidavits of undertaking by such a large number of traders in such a short span of time was not practically possible in view so many practical difficulties.

The Delhi Laws (Special Provisions) Act 2006 putting one year's moratorium against sealing of commercial premises operating from the residential areas in Delhi in violation of Master Plan and also against removal of illegal constructions is also under challenge in the apex court.

The court in its judgment dated Sept. 29 has clearly said that legislature lacks competence to make laws aimed at nullifying the orders of the court.

The Centre has reatedly earned the wrath of the apex court for issuing notifications day before the start of sealing process just to stall the implementation of the apex court orders.

The application is likely to come up for hearing next week most probably before Oct. 19 when the Diwali vacations start in the apex court and the court will reopen on Oct. 30,2006.

UNI AKS/SC RP RS2006