The Hindu : Front Page : Centre urges Supreme Court to help traders who filed affidavits

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Thursday, Nov 02, 2006
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Centre urges Supreme Court to help traders who filed affidavits

Legal Correspondent

A BURNING ISSUE: A Delhi Transport Corporation bus set afire by protesters in East Delhi on Wednesday, the third day of the traders' bandh in the Capital. - PHOTO: SANDEEP SAXENA

NEW DELHI: The Centre on Wednesday moved the Supreme Court seeking permission to stop sealing operations in the Capital and allow traders who had given affidavits undertaking to stop misuse of their premises to continue their commercial activities in residential areas.

In a fresh application seeking modification of the Court's earlier orders, the Centre said that traders who were covered by the September 7 government notificationwere asked to file affidavits before the Court-appointed Monitoring Committee that they would stop misusing their residential premises if the Delhi Laws (Special Provisions) Act, 2006, was quashed. The Municipal Corporation of Delhi has already filed an application in the Court pleading for relief to the affected traders.

The Centre explained the difficulties in carrying out the sealing operations in view of the trade bandh in Delhi. It sought the Court's permission to decide on the date of commencement of the sealing operations.

The Centre said the traders were distressed that the affidavits they filed earlier had not spared closure of their establishments. Not only were they being deprived of their business, their employees and their families were also being left without any means of sustenance following the sealing.

By its September 29 order the Court had said that misuse of premises, for which undertakings were given, stop by October 31; small shops measuring less than 20 square metres in residential areas were allowed trading in 22 items; those protected by the September 7 notification must give an undertaking, and the sealing process would continue from November 1 on the premises for which protection was not extended.

The Centre said that in the first category about 41,000 traders had filed affidavits and as per MCD estimates, about 9,000 of them were operating on premises less than 20 square metres and they would be eligible for relief. The second category of a few thousands would be treated on a par with those who had given undertakings to stop misuse.

The Centre's application submitted to the Court on Wednesday is likely to be mentioned for early hearing in a day or two.

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