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Ministry pins hope on review petition

Sujay Mehdudia

Traders firm on not filing any kind of affidavit before Court-appointed monitoring panel


  • Sealing operations in the city to begin from November 1
  • Shopkeepers want changes in the Constitution
  • Sealing operations in the city to begin from November 1
  • Shopkeepers want changes in the Constitution

    NEW DELHI: With the October 31 deadline for sealing approaching fast, a desperate Union Urban Development Ministry has filed a review petition in the Supreme Court seeking modification of the Supreme Court's much-talked about September 29 order with the hope that the apex court would give a reprieve to the Capital's traders and save the Government and the Group of Ministers (GoM) from an embarrassing situation.

    Interestingly, judging from the actions of the Union Government as well as the GoM, observers find no sense of urgency on the part of the authorities to resolve the situation. What many traders find even more surprising is that despite the issue having been in the public domain for almost ten months now and a number of interventions, including the one by Prime Minister Manmohan Singh, no firm or positive solution has been found.

    The matter has been debated and discussed by the Prime Minister along with his colleagues a number of times. The Congress Coordination Committee for Delhi formed by party president Sonia Gandhi also has been discussing the situation and now the matter is lying with the GoM headed by Union Home Minister Shivraj Patil. Everybody promised relief but nothing permanent has come out so far adding to the already tense situation.

    However, officials within the Ministry are not very hopeful of getting any relief and feel the situation has to be dealt with adopting different parameters. On the other hand, the traders who are faced with losses and declining business are firm on not filing any kind of affidavit before the Supreme Court-appointed Monitoring Committee even if it meant adopting a confrontationist attitude with the Court or the Government. With sealing operations scheduled to resume from November 1, tension is building up in the city what with traders deciding to take on the Delhi Government as well as the Centre with the demand for amending the Constitution.

    The opposition BJP, in the hope of cashing on the issue, has also lent its voice to the traders and urged the Union Urban Development Ministry to come out with a complete amnesty scheme and put the Delhi Special Laws (Amendment) Act, 2006, in Schedule IX of the Constitution taking the matter completely out of the purview of the courts.

    Through its affidavit before the Court, which is still to come up for its consideration, the Government has sought modification of the orders on the ground that it would not be possible to comply with the condition to file affidavits by all those traders who are covered by the September 7 and 15 notifications allowing mixed land and commercial use on 2200-odd roads in the Capital. It has also sought further modification of the Court order that has restrained the Ministry from issuing any further notification without its permission.

    "The Government is further complicating the situation by time and again approaching the Court for relief. Instead it should concentrate on giving a new vision to Delhi by bringing the new Master Plan of Delhi-2021 on a priority basis and give relief to the traders even if it means taking certain measures for which the consent of Parliament is required,'' said a senior official.

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