SC to hear Centre and MCD applications on sealing

New Delhi, Nov 14 (UNI) The Supreme Court will hear tomorrow the applications filed by the centre and MCD seeking relief from sealing for 25,000 odd traders in Delhi who had earlier given an affidavit for stopping the misuse of their own but are protected by the government notification dated September 7 and 15, 2006.

Solicitor General G E Vahanvati mentioned the application this morning before the bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and R V Raveendran, for early hearing.

The applicants in their applications have prayed to the court to permit these 25,000 traders to continue till the validity of the two impugned notifications dated September 7 and 15, 2006 allowing mixed land use along 2183 city roads, was finally decided by the apex court subject to the condition of these traders filing fresh affidavits to the effect that they would stop commercial activities immediately if the impugned notifications are invalidated by this court.

About three lakh similarly placed traders who did not file affidavits have been spared by the apex court from sealing provided they file affidavits latest by January 31,2007.

The Centre and the MCD in almost identical but separate applications have sought the modification of the apex court order dated September 29, 2006 on the grounds that now the law and order situation was under control and the sealing of the premises not covered by the two notifications was in full swing as per the orders of this court. There are about 5,500 such shops and show rooms in category A and B colonies.

It may be noted here that earlier applications moved by the Centre, Delhi government and MCD for the same relief were dismissed by the court on November 6,2006 strongly warning the government of the consequencies of the non- compliance of the orders and directions of the apex courts on flimsy ground of serious law and order problem in the city.

The apex court had already dismissed the applications of the traders facing sealing due to an undertaking given by them holding that these traders were already in breach of the written assurance given to this court they would close down on their own by June 30, 2006 and deadline was finally extended till October 31, 2006.

The applications are likely to be heard later this week. In all 40814 traders had filed affidavits in the apex court.

UNI AKS/SC SP DB1201