Let petition be tagged with sealing hearing: SC

By Staff
|
Google Oneindia News

New Delhi, Jan 19: The Supreme Court today directed that a petition seeking declaration that Delhi(Special Laws) Act, 2006 is a valid piece of legislation, be tagged with the main matter.

The Supreme Court refused to issue notice saying that the petition will be considered along with the main matter .

The Act has put a one-year moratorium against sealing of the commercial premises operating from residential areas in Delhi in violation of the master plan as well as against removal of illegal constructions in the city.

According to the petitioner the impugned Act which is under challenge in the apex court protects the fundamental rights of the citizens of Delhi guaranteed under Article 19(1 g) of the Constitution of India .

The counsel for the petitioner Tripurari Ray and Prakash Kumar Singh appearing before the bench comprising Chief Justice K G Balakrishnan and Justice D K Jain also prayed that this court should quash its own order dated August 10, 2006 ordering the partial stay against the act.

The court directed that the PIL should be tagged with the main matter which is coming up for hearing next month. The petitioner has also prayed for directions to the government to give effect to Section 3 of the Act which provides immunity for a year against sealing and demolition.

The traders in Delhi have to file an affidavit of undertaking by January 31, 2007 that they would close down their establishments if the Act is declared invalid by this court.


UNI

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