By IANS
New Delhi : Illegal shops and establishments in the Indian capital were forced to down shutters over the past couple of years following a court-enforced drive. The same commercial enterprises started to reopen Wednesday after a government order in defiance of the courts.
The move comes following a government notification Feb 1 freezing till December 2008 all sealing of illegal establishments in the city.
“It is just the beginning. In coming days, the de-sealing drive would start in other parts of the city as well,” Municipal Corporation of Delhi (MCD) spokesperson Deep Mathur told IANS.
He said there was no need for any formal permission from the Supreme Court’s monitoring committee to comply with the government’s notification.
The MCD Tuesday apprised the Supreme Court of the de-sealing process, which is expected to cover 3,000 properties sealed for violating the Delhi Master Plan 2021. Over 1,500 unauthorised colonies in the city will also get some respite.
Urban Development Minister S. Jaipal Reddy Friday notified: “Notwithstanding any judgement, decree or order of court, steps shall be taken by the local authority, including de-sealing, to maintain status quo as on Jan 1, 2006, in respect of encroachment or unauthorised development.”
The Delhi Pradesh Citizen Council, an NGO, has filed a petition before the Supreme Court urging it to declare the notification as “unconstitutional and illegal”.
Jasbir Singh Malik of the council contended that the notification was issued under political considerations and was an attempt to overreach the apex court’s orders.
Malik said the government, in exercising its powers under Section 5 of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007, was trying to protect the properties in unauthorised colonies, which are not even protected by that law itself.
The sealing in Delhi began in 1996, when the Supreme Court ordered closure of small industries in the residential areas by Dec 31, 1999. By 2000, only 39,000 units had been closed, leaving a vast bulk untouched.
In February 2006, the MCD started sealing commercial establishments in residential colonies, only to end the drive in May after the central government introduced a bill suspending sealing.
The bill, however, did not go down well with the Supreme Court, which in August 2006 termed it invalid and ordered the sealing to continue.
As traders under the banner of the Confederation of All India Traders (CAIT) launched violent protests, the apex court gave relief to them by putting off sealing till Oct 31, 2006.
In November 2006, the government prepared a new master plan for Delhi, allowing mixed land use, according to which shops on over 2,200 roads could function. The sealing of shops on roads not mentioned in the master plan list started again on March 28, 2007.