The Hindu : Front Page : Supreme Court refuses to stay sealing drive in Capital

Online edition of India's National Newspaper
Tuesday, Apr 04, 2006

Front Page

Front Page

Supreme Court refuses to stay sealing drive in Capital

J. Venkatesan

"Sealing process should not stop at any cost"; deadline for affidavits by traders extended up to April 7

SEALED AND SHUT: A municipal worker cutting off the water connection of a shop soon after it was sealed in a residential area of Delhi on Monday.

NEW DELHI: The Supreme Court on Monday refused to stay the ongoing process of sealing of premises of traders functioning from residential areas here in the Capital.

The Bench of Chief Justice Y. K. Sabharwal and Justice C. K. Thakker, however, extended up to April 7 the deadline set by it earlier for filing affidavits of undertakings by the affected persons. The Bench passed this order during "mention" of applications filed by traders whose premises had been sealed due to late filing or non-filing of affidavits.

The Bench made it clear to the Municipal Corporation of Delhi that the sealing process in the city should not stop at any cost. "The affidavits filed by the traders giving an undertaking that they would stop misuse on or before June 30 should be sent to the Monitoring Committee set up for the purpose, which could consider re-opening of the seal," it ordered.

The seal should be opened only after getting appropriate orders from the Monitoring Committee, and on such orders being passed by the Committee the seals should be opened forthwith and resumption of water and electricity supply should be restored," the Bench added.

The Bench sent out a clear warning to corrupt MCD officials by directing that the MCD provide a website where traders could lodge a complaint against any officer demanding a bribe or any other complaint. These complaints should be looked into on a daily basis by a senior MCD official and forwarded to the Monitoring Committee, the Bench ordered.

The Bench also directed MCD to file applications against traders who break the seal in connivance with officials so that they could be prosecuted for disobeying court orders. It warned that such action would be viewed seriously and no one would be spared. "It is the duty of MCD to bring any such violation to the notice of the Court," the Bench ordered.

Reacting to MCD counsel's submission that MCD had already filed FIRs against those breaking the seals, the Bench said: "We don't want FIRs. We know FIRs take their own time."

According to the Supreme Court order of February 16, sealing of commercial premises in the Capital was to take place on 189 roads having 80-foot width. On March 24, the Court granted time to traders till March 28 for filing affidavits. Monday's order is a sequel to sealing of several premises irrespective of the fact whether affidavits were filed within this date or not.

On March 28, the Centre brought a notification permitting mixed land use on the ground floor in the residential areas while the sealing process began on March 29.

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