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Tuesday, Sep 26, 2006
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Sealing operations: verdict reserved

Legal Correspondent

It is not the Centre's intention to overreach the court orders: Solicitor-General

NEW DELHI: The Supreme Court on Monday reserved verdict on petitions seeking a stay of the Centre's notification to stop sealing operations in the capital.

The notification permitted traders to carry on their commercial activities in residential areas, and gave a moratorium on the sealing operations. The court did not say anything whether or not the sealing operations could continue. But the implication is the sealing operations will not proceed further until the verdict is pronounced.

After hearing marathon arguments, a Bench, comprising Chief Justice Y.K. Sabharwal and Justices C.K. Thakker and R.V. Raveendran, indicated that it would pronounce the verdict by Friday, when the court closes for the Dasara vacation.

Tracing the sequence of events that led to the issuance of the September 7 notification by the Centre and the September 15 notification by the Municipal Corporation of Delhi, the Bench expressed its displeasure at the manner in which an attempt was made to override the court orders.

The Bench told Solicitor-General G.E. Vahanvati: "You said on September 18 that the orders of this court would not get modified automatically by the notifications. Do you stand by your statement or is there is any change in your stand?"

Mr. Vahanvati said it was not the Centre's intention to overreach the court orders. The notifications would automatically change the court orders. "We are before you only to seek a modification of the February 16 and August 10 orders," he said and added the court had not stopped the Government from changing the Master Plan. What was permitted was mentioned in the notification subject to certain conditions.

The Bench said: "Whether it is implementation of the order on shifting of hazardous industries or unauthorised construction or removal of encroachments or in the CNG matter, every time the utmost resistance comes from those who have to implement the law, and not from the public or citizens. This case is no exception. Even if some relief as an interim measure was to be given, the rule of law remains to be maintained."

The petitioners — the Delhi Pradesh Citizen Council, residents' welfare associations and the former Delhi Chief Secretary Omesh Sehgal — and amicus curiae Ranjit Kumar pleaded for a stay of the September 7 and 15 notifications.

Mr. Kumar said that merely because the residents were a silent majority, and were not making noise on the issue like traders, they should not be allowed to suffer. The court's August 10 order should be followed in letter and in spirit.

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