Close down first: Supreme Court to traders

New Delhi, Nov 15: The Supreme Court today once again told the government that 25000 traders who had given affidavits of undertaking to the effect that they would stop the misuse by June 30, 2006 will have to close down first.

A bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and R V Raveendran while adjourning till November 21 the hearing of the applications filed by the Centre and the MCD seeking relief for 25000 odd traders at par with other traders who are similarly protected by the two impugned notifications dated September 7 and 15,2006 permitting commercial activities along 2183 roads in Delhi, made it clear that traders must comply with the undertaking given by them first and this court may later consider giving them appropriate relief.

The apex court today directed the Monitoring committee not to disconnect water and power supply of those traders who close down their establishments by November 29,2006 and file affidavits to this effect.

The court, however indicated once the 25000 traders keep their promise of stopping the misuse on their own, this court can consider their cases for granting relief of permitting them to resume their commercial activitites subject to their filing of fresh affidavits latest by January 31,2007 that they would stop the misuse the moment the two government notifications are invalidated by the apex court.

The top court in its order today said,"The two applications have been filed by the Centre and the MCD. The substantive prayer that applicants are making is that there are 25000 establishments who have filed affidavits but are covered under the notifications dated September 7 and 15,2006 and are protected by the order dated September 29,2006 and that they be permitted to continue their activities.

This court specifically mentioned as to how the cases of those who have given undertakings are different . It is also so mentioned in the order of November 6, 2006. The application filed by the MCD para 5 states that several big commercial establishments have been sealed. We have perused the 12th report of the monitoring committee dated November 14,2006 which in para 5 states that 50 traders of Vikas Marg in East Delhi have already closed down on their own. With regard to the applications in respect of 25000 traders referred to by the MCD we permit them to inform the monitoring committee that in terms of undertaking they have stopped misuse and if such information is given to monitoring committee than it shall not resort to disconnection of amenities and sealing of their ventures.

The monitoring committee will,however, have random checks and thereafter report by November 20. On consideration thereof the court will further hear whether these traders can be temporarily relieved of such undertaking and put on par with other traders in terms of the order dated September 29,2006. This can be applicable to those 1. who have shut down their premises.2. whose premises have been sealed and 3. who have stopped the misuse. The committee may also mention any particular establishment which can not be granted relief in larger public interest. This will not be applicable in areas not protected under the notifications of September 7 and 15,2006.

There are over 5000 establishments in respect of these the sealing process will continue.On consideration of 12 th report of the committee we exempt the following categories 1. Ration and Kerosene oil shops and 2. Cycle repair shops."

UNI

Related Stories