SC declines to pass order on sealing drive

New Delhi, Nov 2: The Supreme Court today refused to pass any order on the Centre's plea for permission to use its discretion regarding the time of resumption of sealing in the national capital.

A bench, comprising Justices K G Balakrishnan, Dalveer Bhandari and Lokeshwar Singh Panta, however, directed the registry to list the matter for hearing on November 6, subject to the convenience of Chief Justice Y K Sabharwal who is heading a nine-judge bench hearing petitions on the Ninth Schedule.

Both the central government and the MCD have filed applications in the apex court, seeking relief for the 40,814 traders who have filed affidavits in the court giving an undertaking that they would stop the misuse of residential areas for commercial purposes by June 30, 2006. The deadline was extended till October 31, 2006 by the apex court in view of festival season.

Sealing of about 41,000 shops, operating illegaly from the residential areas, was to resume from Nov 1 but could not be undertaken due to the three-day bandh called by the agitating traders which ended yesterday.

Additional Solicitor General Amarender Saran, appearing for the Centre, pleaded for permission to the administration to use its discretion on the issue of resumption of sealing in the city.

The court told the government to take up the matter before the Chief Justice who is heading the bench hearing the sealing case.

The Centre in its application has asked the court for permission not to resume the sealing drive against the 41,000 odd traders till a final decision on the impugned notifications, dated September 7 and September 15, 2006, which permitted mixed land use on 2183 roads in the city.

The Supreme Court appointed monitoring committee has also prayed to the court to defer the resumption of the sealing for the time being.

UNI

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