More time for sealing, SC warns Centre, MCD

New Delhi, Jan 25: The Supreme Court today once again reprimanded the Central government as well as the Municipal Corporation of Delhi (MCD) for seeking more time for filling affidavits on behalf of traders operating from residential areas in the capital.

The apex court, while fixing the two applications for hearing on February 2, told the government ''It is surprising that the government is moving this court, while it is the traders who have to file affidavits. Don't carry political battle to the court.'' A bench comprising Chief Justice K G Balakrishnan, Justice Altamas Kabir and Justice D K Jain refused to grant any interim relief to the government.

As per the orders of the apex court, the traders, protected by the two impugned notifications dated September 7 and September 15 2006, are supposed to file their affidavits latest by January 31 2007, giving an undertaking that they would immediately stop the misuse of land in residential areas, if the two notifications are invalidated by this court.

However, very few affidavits have been filed by the traders this time, taking lesson from their past experiences as those traders, who did not file affidavits, were allowed to continue whereas, those who have filed affidavits had to face sealing.

As per the orders of the Supreme Court dated September 29, 2006 and October 18, 2006, the MCD has to resume sealing from February 1, 2007 and the premises of those traders protected by the impugned notification are liable to be sealed.

Appearing for the applicant, Additional Solicitor General Amareneder Saran wanted the matter to be listed for hearing either today or on January 31, but the apex court declined to oblige and refused to grant any interim relief. The government has, however, pleaded for stay of the Supreme Court order dated September 29 and October 18, 2006 till the final disposal of the traders' application, but after today's proceedings, it is clear that the MCD will have to resume sealing from February 1, 2007, otherwise the authorities will be in contempt of the Supreme Court.

The apex court, in its order dated September 29 last year, made it clear that the Indian legialature lacked competence to frame laws aimed at upsetting or nullifying the orders of this court.

The proceedings of the Supreme Court today made it clear that over 3 lakh traders consisting 22 categories, who were protected from sealing by the impugned notification, will now have to meet the deadline and get themselves registered by January 31, 2007.

However, small traders having shop of less than 20 sq meter area are exempted from sealing.

The government has also informed the court that the new Master Plan 2021, a policy document which protects almost all traders operating from residential areas, is in final stage and may be notified by February 2007.

As per the Master Plan 2021, the permissible height of buildings in Delhi has been raised from 11 meters to 15 meters and also protects illegal construction as well as encroachment. However, Residence Welfare Association (RWA) have been exclude from this plan and will have no voice in the future development of the city.

UNI