The Hindu : Front Page : Sealings: Centre questions Supreme Court’s jurisdiction

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Tuesday, Aug 28, 2007
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Sealings: Centre questions Supreme Court’s jurisdiction

Legal Correspondent

Don’t raise your voice, judges tell Additional Solicitor-General, who says he is ready to face contempt

‘Stop commercial activities in 1,500 unauthorised colonies’Role of monitoring committee questioned

New Delhi: The Centre on Monday took on the Supreme Court in the ‘Delhi sealing case’ by questioning the court’s jurisdiction to pass orders on policy matters on regularisation of commercial activities in unauthorised residential colonies.

Refusing to heed to the Centre’s submissions, a three-Judge Bench of Justice Arijit Pasayat, Justice C.K. Thakker and Justice Lokeshwar Singh Panta directed the stoppage of all commercial activities in about 1,500 unauthorised colonies in the capital in three weeks, except 24 categories of activities as already permitted in authorised areas.

Additional Solicitor-General Vikas Singh, appearing for the Centre, told the Bench that the issue of commercial activities in unauthorised colonies was not an issue before the apex court as it concerned only the commercial activities in authorised residential areas.

The bench told counsel that “the position of unauthorised colonies cannot be better off than commercial activities in authorised residential areas. When we have not permitted such activities, how can we permit the same in unauthorised colonies?”

Mr. Vikas Singh said, “There is no application or petition seeking stoppage of commercial activities in unauthorised colonies. The issue is pending only in the Delhi High Court. How can this court pass an order without hearing the affected parties or the Union of India? It is strange that the Union of India is not heard in this court. Your order will create a huge law and order problem as it concerns the livelihood of 40 lakh persons. ” Annoyed at this submission, the Bench told Mr. Singh, “It is unfair to say that Government of India was not heard. You don’t raise your voice. We are not accustomed to it. What you say is really contempt of court.” Mr. Singh replied “I am not raising my voice. Only you [Justice Pasayat] are raising your voice. If it is contempt of court, haul me up for contempt. I am ready to face it.”

Earlier, Mr. Singh submitted that the Union Cabinet had approved further revision in the guidelines for regularisation of unauthorised colonies both on public land as well as on private land. The Centre was alive to the human problems of approximately 40 lakh persons residing in these unauthorised colonies and it would not be appropriate for the court to precipitate any action pending decision on these guidelines.

Mr. Singh questioned the role of the Supreme Court monitoring committee in exceeding its jurisdiction in asking the Municipal Corporation of Delhi (MCD) to continue with the sealing operations of commercial activities in the unauthorised colonies. He said that the February 16, 2006 judgment on sealing had not touched in any way the issues about unauthorised colonies and, as such, the monitoring committee was over-stretching its arms. The committee’s agenda was only with regard to sealing of commercial premises which were in existence contrary to the norms in residential areas.

“Neither the original Supreme Court judgment nor the mandate given to the monitoring committee by the Supreme Court at any stage dealt with the unauthorised construction,” the ASG said.

The Master Plan 2021 for Delhi specifically provided for regularisation of unauthorised colonies as part of the main-stream urban development. When the policy decision was pending, the court should not interfere with it.

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