New Delhi, Feb 13 (IANS) Traders in the national capital were relieved after the Supreme Court permitted de-sealing of commercial properties in unauthorised colonies and urban villages.
But the apex court asked owners of such illegal establishments to abide by its final order deciding whether the government’s notification for de-sealing was legal.
On Jan 30, the central government issued a notification to Delhi’s civic authorities to stop all operations to seal illegal commercial establishments in the city and even start unbolting those premises that were 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) has 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 implementation of its 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.
Welcoming the decision, trade leaders in the city said the court was kind enough to take note of their livelihood concerns.
“It as a ‘positive approach’ of the apex court which has taken cognisance of the issue of livelihood of sealing-affected traders. It will prove to be a step of rectifying sealing wounds of traders who suffered immense loss due to the sealing,” said Praveen Khandelwal, secretary general of the Confederation of Indian Traders (CAIT).
“It is certainly not a complete respite from sealing, yet it is a step towards providing relief to traders which will enable them to earn their livelihood again, ” he said.
“Still many areas in Delhi do not enjoy protection of either the Delhi Master Plan 2021 or any other government notification, and therefore all such areas should also be brought under the purview of relief from sealing,” Khandelwal said.
The Supreme Court asked the central 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 affidavits by May 14 and posted the hearing on the main matter for July 7 onwards.
Meanwhile, the MCD standing committee Wednesday decided to move the apex court to seek relief for those traders who have been asked to pay fine by the court-appointed monitoring committee.
The monitoring committee had put on hold the de-sealing of nearly 1,500 properties on roads, not given commercial status by the Master Plan 2021. The committee had asked these property owners to pay fines.