Apex court allows conditional reopening of sealed shops


New Delhi : Commercial premises in the capital’s unauthorised colonies that had been sealed may be reopened, the Supreme Court allowed Wednesday, on condition that the owners abide by its final order on the legality of the government’s notification on the issue.

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The Jan 30 notification had provided for unbolting of the commercial premises that had been closed down earlier on the orders of the apex court.

While allowing de-sealing, a bench of Justice Arijit Pasayat and Justice P. Sathasivam stipulated that in cases where the Municipal Corporation of Delhi (MCD) had unbolted the premises, owners have to give an undertaking within 10 days that they would abide by the court’s final order on the issue.

The bench said in other cases, where the premises are yet to be unlocked, the owners would have to give an undertaking before the de-sealing process was undertaken.

The bench said a public notice should be issued for the purpose of implementation of the order, the format of which would be worked out in consultation with amicus curiae Ranjit Kumar, appointed by the court to help it on the matter.

The bench also asked the union government, MCD, Delhi Development Authority (DDA) and New Delhi Municipal Council (NDMC) to file their responses by April end to the petitions challenging the government notification.

The court also allowed other interested parties to file their affidavit by May 14, and posted the hearing on the main matter for July 7 onwards.