New Delhi: The Supreme Court on Thursday gave relief to about 18,500 traders and professionals, allowing them to operate in residential areas in the capital. They are among those who have given an undertaking to stop misuse of their premises and are also covered by two government notifications allowing continuance of commercial activity in certain categories of residential colonies, roads and streets.

In passing this order, on applications filed by the Centre and the Municipal Corporation of Delhi (MCD), a Bench comprising Chief Justice Y. K. Sabharwal and Justices C.K. Thakker and R.V. Raveendran took into consideration Wednesday's report of the court-appointed monitoring committee that only 18,463 traders filed affidavits stating they voluntarily shut down their shops though about 25,000 traders had given the undertaking earlier.

Affidavit by January 31

The Bench said these traders and professionals would be temporarily relieved of their undertaking and placed on a par with others (lakhs of traders who did not give any undertaking) who were covered by the September 7 and 15 notifications. They would have to file an affidavit by January 31, 2007 stating they would stop misuse if ultimately the court struck down as invalid the Delhi Laws (Special Provisions) Act, 2006 and the two notifications.

By its September 29 and October 18 orders, the court declined to give relief to the traders who had filed affidavits and said the MCD should commence the sealing operations on November 1. In protest, traders observed a three-day bandh and the Centre and the MCD filed applications seeking relief also to those who had given the undertaking.

Schools to continue

Taking a sympathetic view of the plight of nearly eight lakh children, the Bench also allowed over 1,700 schools operating in residential areas to continue till May 2007, till the end of the current academic year, as suggested by the monitoring committee. It directed de-sealing of those premises that were sealed pursuant to the undertaking given. However, the Bench, on the committee's suggestion, ordered sealing of 34 establishments for violating their undertakings.

Big showrooms which complied with their undertaking would be allowed to carry on their business only if they provided parking facilities.

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