NEW DELHI: The Supreme Court on Thursday stayed the Urban Development Ministry notification directing the local authority to unseal the premises of commercial establishments operating from residential areasin Delhi. The May 20 notification also permitted those who had given an undertaking to stop their unauthorised operations to continue the activity beyond June 30.

The court prohibited most of the commercial activities, sought to be permitted under the Delhi Laws (Special Provisions) Act. The Act allows a one-year moratorium on demolition and sealing of premises of commercial establishments operating in residential areas and seeks to maintain status quo as on January 1, 2006 on all demolitions.

"Having heard counsel and examined the various facets of the problem, at this stage we are not inclined to grant a complete stay of the impugned legislation, though prima facie agreeing with the contentions of the petitioners we are of the view that it is an invalid statute," said a Bench comprising Chief Justice Y.K. Sabharwal, Justice C.K. Thakker and Justice P.K. Balasubramanyan

It was passing an interim order on the petitions filed by the Delhi Welfare Residents Association Joint Front, the Federation of Naraina Vihar Residents Welfare Associations and an NGO, Citizens Voice.

These directions would operate until a decision was rendered on the petitions. "We make it clear that any direct or indirect violation would entail the consequences of disobedience of the orders of this court", the Bench said.

Exemptions withdrawn

On August 1, the court expressed displeasure at the enactment and asked Solicitor-General G.E. Vahanvati to come out with a solution to avoid complete stay of the law. On Thursday he submitted a proposal saying the government would withdraw the exemptions granted for a host of activities.

The Bench incorporated in its order the list of prohibited activities and permitted the Government to issue a fresh notification within a week. It empowered the Ministry to amend the May 20 notification in terms of Thursday's order.

The Bench said the May 20 notification deserved to be stayed. It would mean that 5,006 pieces of property, sealed on court directions, would have to be re-sealed. Also 40,814 commercial establishments would have to comply with their undertaking to stop their illegal activities. It was evident they had not stopped the activities, thanks to the impugned legislation.

Deadline extended

Having considered the report of the Monitoring Committee, the court extended up to September 15 the time for the 40,184 commercial establishments to comply with their undertakings. Likewise, the premises which were unsealed pursuant to the May 20 notification "shall have to be re-sealed with effect from September 16 in case the misuser is not stopped by September 15."

The Bench said the committee "will examine these cases and ensure compliance with the undertakings and the direction in respect of the sealing and file a report in terms of the directions already issued."

The committee should examine the roads and/or the activities in respect of the undertakings given and in respect of the 5,006 sealed premises so that the court might consider issuing directions for stopping misuse of others similarly placed but which had not been sealed, nor had any such undertaking been given.

The Bench asked the committee to submit a report in one month and directed that the matter be listed for the second week of September. The batch of petitions would be listed for hearing after three months.

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