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On sealing and social costs

"The art of being wise is the art of knowing what to overlook," wrote William James. The words of the 19th century American philosopher, who developed a theory on pragmatism, have a significant ring in the context of the narrow and unidimensional manner in which the Supreme Court has dealt with the controversial sealing issue in Delhi. By flatly rejecting the applications seeking a stay on the order to seal commercial establishments operating in residential areas, the court has shown little sensitivity to the all-round hardship. While its determination to crack down on those flouting land use norms is admirable, the issue is much too knotty and politically sensitive to be dealt with by judicial fiat alone. The Centre, the Delhi Government, and the city's Municipal Corporation were hardly exaggerating when they said they foresaw "law and order problems" in continuing with the sealing drive. Only two months ago, four people were killed in the police firing during the day-long bandh called by angry Delhi traders, worried over the loss of livelihoods. The recent three-day bandh also witnessed large-scale violence, with mobs damaging buses and holding up traffic in several places. It is a measure of the volatile situation in the capital that paramilitary forces have had to be requisitioned to keep the peace following the Supreme Court's ruling.

It is another matter that the Centre's attitude to the demolition and sealing issue has left much to be desired. It rushed through with the controversial Delhi Laws (Special Provisions) Act, 2006 — a piece of legislation specifically designed to circumvent the judiciary's orders. When the Supreme Court took a dim view of the Act, it tried to get around by issuing a notification re-designating a number of areas for commercial use. If the Centre and the Delhi Government have behaved in a manner that suggests they are willing to let off the hook those who, out of greed, flout building rules and land use norms, the Supreme Court and the Delhi High Court have failed to calculate the enormous social costs of the demolition and sealing operation. With matters coming to such a pass, it is difficult to see an immediate way out of the logjam. It would be unwise of the Centre, which seems to be flirting with the idea of a constitutional amendment, to further aggravate what has become a battle of sorts between the executive and the judiciary. What is required is the chalking out of a comprehensive policy that is in keeping with the broad spirit of the Delhi Master Plan. Such a blueprint must achieve a fine balance. On the one hand, it must recognise the importance of applying zoning laws in a firm and even-handed manner. On the other, it must provide solutions that are humane and mindful of the social costs.

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