MCD seeks deferment of sealing, moves SC

New Delhi, Feb 7 (UNI) In yet another attempt to save the Delhi traders from sealing, the MCD today moved the Supreme Court seeking directions to defer the sealing of commercial premises protected by the two impugned notifications dated September 7 and 15 last year permitting commercial activities along 2183 roads in the national capital, till the new Master Plan, Delhi, 2021 is examined by the apex court.

The MCD in its application filed today has sought the modification of the apex court order dated September 29, 2006, to the extent that sealing of commercial premises operating illegally from the residential areas be deferred till the new master plan which is to be placed before the court after it is notified along with the material making foundation of the new Master Plan, is examined by this court.

The Master Plan, 2021 is going to be notified within next few days which is going to permit commercial activities from residential areas in the city besides regularising about 1400 unauthorised colonies spread all over Delhi.

The Master Plan 2021 is also going to permit construction of the fourth floor as the permissible height of a building in Delhi is going to be raised from 11 metres to 15 metres keeping in line with the new government policy to permit vertical development of the historic city as it has already reached saturation point so far as horizontal development is concerned.

The MCD has sought orders for deferring the sealing in view of the directions issued by the apex court appointed monitoring committee to resume sealing of those premises whose owners have not filed affidavits as per the orders of the Supreme Court that the trader concerned would cease misuse immediately if the two impugned notifications are invalidated by the apex court. The affidavits by about 3 lakh traders were to be filed latest by January 31, 2007 while only 50,330 traders have filed affidavits.

A bench comprising Justices Arijit Pasayat and S H Kapadia on February 2 while adjourning the hearing till February 20 had refused to extend the deadline for filing of the affidavits.

The application is likely to be mentioned tomorrow before the court for urgent hearing.

The government can not protect traders from sealing unless and until the apex court modifies its own orders which were issued by the bench headed by the former Chief Justice of India Y K Sabharwal.

The orders of sealing of the commercial premises operating from the residential premises in violation of the Delhi Master Plan which expired in 2001, have been issued by the apex court on an appeal filed by the MCD against Delhi High Court judgment which held that the civic body did not have powers to seal a premise.

Delhi is without a master plan since 2001. It is seen as a clever move by the MCD to extend the protective umbrella till the final decision of the court on the validity of new master plan instead of the final decision on the validity of the two impugned notifications. Delhi (Special Laws) Act 2006 suspending sealing action for a year besides putting off the removal of illegal constructions for a year is also under challenge in the apex court. Resident Welfare Asociations (RWAs) are said to have been totally ignored in the new Master Plan 2021.

UNI