Govt., MCD move SC seeking stay on its orders

New Delhi, Jan 24 (UNI) Within 10 days of the retirement of the former Chief Justice Y K Sabharwal, the Union government and the Municipal Corporation of Delhi (MCD)have moved the Supreme Court for the modification of two of its orders dated September 29,2006 and October 18, 2006.

Both these orders directed the government not to issue further notification and the traders to file affidavits of undertaking that if Delhi (Special Laws Act 2006) and the notification dated September 7 and 15, 2006 were invalidated by this court they will stop their commercial activities being conducted from residential areas in Delhi.

Both the parties have also requested a stay on the execution of the orders till the final disposal of their applications.

The government has contended that the Master Plan 2021, currently in its final stages, is likely to be notified by the end of this month and is a policy document.

It may be noted here that the government had permitted commercial activities along 2183 roads in the national capital, thereby, nullifying the orders of the apex court directing the sealing of commercial establishments operating from residential areas in violation of the Master Plan 2001.

Over three lakh traders were supposed to file the affidavits of undertaking by January 31,2007.

If the interim stay is granted against the two orders, the entire sealing process will come to a halt and the situation in Delhi will get back to square one = a = clear victory for the traders in the city.

The Master plan 2021, already approved by the Delhi assembly, permits all types of commercial activities in the city besides providing a protective umbrella for illegal constructions and encroachments.

It also allows a rise in the height of a building from 11 to 15 metres and the construction of fourth floor.

The applications are likely to come up for hearing before the court either tomorrow or on January 31 when the court reopens.

UNI