The Hindu : Front Page : Relief if traders shut up shop: court

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Thursday, Nov 16, 2006
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Relief if traders shut up shop: court

Legal Correspondent

Inform committee of compliance

New Delhi: The Supreme Court on Wednesday indicated that it would give relief to about 25,000 traders and professionals, operating in residential areas in the capital, from the ongoing sealing drive provided they shut up shop on their own in keeping with their undertakings.

These premises would not be sealed till November 20 if in the meantime they informed the court-appointed Monitoring Committee that they had stopped commercial activity, said a Bench comprising Chief Justice Y. K. Sabharwal, Justice C.K. Thakker and Justice R.V. Raveendran. It asked the panel not to disconnect electricity and water supply for the premises where the undertakings were complied with.

The Bench, while asking the committee to submit a report by November 20, said it would consider on November 21 whether these traders could be temporarily discharged from their undertakings so that they could be placed on a par with others covered by the September 7 and 15 government notifications, which permitted continuance of commercial activities in residential areas.

However, the drive would continue to seal over 5,000 establishments engaged in activities prohibited under the two notifications.

As per the Centre's affidavit, these would include "any trade or activity in residential areas involving any obnoxious, hazardous, inflammable, non-compatible and polluting substance or process; certain retail shops dealing in building materials; fire hazardous and other bulky materials; certain shops for automobile repair and workshop; cycle rickshaw repair shops; banks; guesthouses, nursing homes, pre-primary schools and fitness centres."

When the matter was taken up, Solicitor General G.E. Vahanvati told the Bench that the situation had changed considerably and the sealing was in progress. Even big commercial houses and the Telecom Regulatory Authority of India office were sealed.

The Bench said the TRAI should have verified the facts before renting the premises. "If the Authority is not going to regulate themselves, who are they going to regulate?"

Mr. Vahanvati said more than 80 per cent of the traders covered by the two government notifications had not given any undertaking. The Bench, citing the committee report, said the question of granting relief could be considered if traders voluntarily stopped misuse.

Senior counsel Abhishek Singhvi, appearing for the Municipal Corporation of Delhi, said such relief should be given for premises that were already sealed. Appearing for a public school, senior counsel M.N. Krishnamani said the institution, established in 1962 was to be sealed on Wednesday. He said considering the interests of its 700-odd students, the court could consider the issue compassionately. The Bench told counsel, "don't try to create an impression that we are not compassionate. We are not considering individual cases here." In its order, the court said: "To consider the relief sought for in the applications in respect of about 25,000 persons who had given undertakings, we permit them to inform the Monitoring Committee that in terms of the undertaking they had stopped the misuse. If such information is given, the committee, for the present, shall not resort to sealing or disconnection of amenities."

Apart from the 22 categories of small shops, ration/kerosene shops and cycle repair shops could be permitted to operate, the Bench said.

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