The Hindu : Front Page : MCD goes to Supreme Court

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Wednesday, Nov 01, 2006
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MCD goes to Supreme Court

J. Venkatesan

The Centre is likely to file a similar application today

NEW DELHI: Even as the traders' bandh in the Capital entered its second day on Tuesday, the Municipal Corporation of Delhi moved the Supreme Court seeking protection for them from the sealing operations, scheduled to begin from November 2.

Over 40,000 traders had given an undertaking to the Supreme Court Monitoring Committee that they would stop commercial activity in residential areas on their own, failing which their establishments could be sealed. The MCD's application sought modification of the September 29 order with a view to suspending the sealing operations against these traders.

Taking a cue from the report filed by the SCMC, the application said that the traders who had filed affidavits be allowed to operate their business like the commercial establishments protected under the two notifications issued on September 7 and 15 permitting continuance of trading activity in residential colonies.

The Centre is likely to file a similar application in the Court on Wednesday.

By its September 29 and October 18 orders, the Supreme Court declined to give relief to the traders who had filed affidavits to comply with the order and said that the MCD should begin the sealing operations from November 1 and traders to protest against this move called a three-day bandh.

The MCD said that it had conducted a detailed survey and found that out of 40,800 traders who had filed affidavits/undertakings nearly 25,000 were covered under the notifications issued on September 7 and 15 and only about 5,500 traders were not covered under any of the notifications requiring sealing of their premises.

It sought a direction to file fresh affidavits/undertakings by January 31, 2007, by those who had given such undertakings earlier; direct de-sealing of premises sealed but covered under the two notifications subject to their giving a fresh undertaking.

Panel report

The SCMC in its report to the Court referred to the law and order situation and recommended that the Centre be directed to provide adequate forces to the sealing teams for resuming the sealing operations besides ensuring their safety.

It suggested that the police be asked to video-graph the sealing operations and also critical events like violent speeches by political leaders and leaders of the traders inciting people to disrupt sealing operations.

The SCMC said that a meeting was held on October 27 with the Delhi Chief Secretary, senior police officers and Joint Director of Intelligence Bureau and they had given a feedback that they were expecting serious law and order problem and that the sealing drive be deferred till January 31, 2007.

The SCMC said that the Chief Secretary had represented that the sealing of the premises not covered by the two notifications would entail serious disruption, not merely for the owners but also for a large number of persons employed by the establishments. The Joint Director, IB, had brought out that the main cause of the agitation and unrest of traders was perceived discrimination of the 40,000 traders who had given undertakings and those who had not given such undertakings. The Committee said that it should be empowered to decide on the date of resumption of the sealing operations.

Probe report leak: panel

Expressing concern at alleged leak to the media of its report submitted to the Supreme Court on the issue of sealing operations in the capital, the Monitoring Committee has sought an enquiry.

In a fresh report filed on Tuesday, the court-appointed committee said it was to give copies of the report to the Solicitor-General, the amicus curiae in the case and counsel for the Municipal Corporation of Delhi. But the report filed in the court on Monday was allegedly leaked.

The committee sought permission to file reports in future in a sealed cover without giving copies to any counsel.

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