SC to hear sealing issue tomorrow

New Delhi, Feb 1 (UNI) All matters related to ongoing sealing of commercial premises in the capital, pending in the Supreme Court, will be heard by a new bench.

The matter which were being heard by a bench headed by the Chief Justice till now, will be heard by a bench comprising Justices Arijit Pasayat and S H Kapadia. Justice Thakkar, who was a member of the bench headed by former Chief Justice Y K Sabharwal is not a member of the new bench.

It may be noted here that the two applications filed by the Centre and the Municipal Corporation of Delhi (MCD) seeking stay of the Supreme Court order of September 29, 2006 are going to come up for hearing tomorrow before the new bench.

The MCD is seeking extension of time till March 15 for enabling over three lakh traders along 2183 roads in the city to file affidavits of undertaking to the effect that they will cease commercial activities immediately if the two impugned notifications of September 7 and 15, 2006 under which they are protected, are invalidated by this court.

Around 15,000 traders have filed affidavits till date as the earlier dateline fixed by the Supreme Court for filing of affidavit expired yesterday.

The premises of those traders who have not filed affidavits are liable to be sealed. The sealing was to resume today.

Traders are still awaiting the new Master Plan 2021 which, according to the government, is going to be notified by February 7.

The new Master Plan is going to permit mixed land use in order to protect the traders and had also permitted them construction of fourth floor besides regularising 1,400 unauthorised colonies all over the city.

Resident Welfare Associations (RWAS) have been totally ignored in the new Master Plan which has already been cleared by Parliament and has been approved by the Delhi Development Authority (DDA), Delhi Government and the MCD.

Interestingly, the order on sealing have been passed on an appeal filed by the MCD against the Delhi High Court judgment holding that the civic body does not have the power to seal commercial premises operating illegally from residential areas in the capital.

The monitoring committee is likely to file its report in the Supreme Court.

UNI