The Hindu : New Delhi News : Centre’s notification to de-seal Delhi properties challenged

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Wednesday, Feb 06, 2008
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Centre’s notification to de-seal Delhi properties challenged

J. Venkatesan

NEW DELHI: The Delhi Pradesh Citizens’ Council on Tuesday moved the Supreme Court challenging the Centre’s notification empowering the authorities to de-seal properties which had been sealed in the Capital under orders of the apex court.

The Municipal Corporation of Delhi also filed an application in the Court seeking permission to go ahead with de-sealing of the properties in accordance with the mandate given under the Centre’s notification.The Citizens’ Council in its petition contended that by issuing the notification on January 30 the Centre had attempted to over-reach the highest court of the land. It said the notification would encourage persons who had violated civil by-laws and such a notification had not taken care of the interest of law-abiding citizens and bona fide residents of the Capital.

It said the notification had the effect of legalising the illegalities committed by violators with the connivance of government machinery. The Government under the garb of the present notification could not suspend all actions of the civic authorities undertaken under different statutes. It appeared that the notification had been issued by the Union Ministry of Urban Development for political considerations and was a colourable exercise of power, the Council charged.

The notification could not overrule apex court orders and save the properties from sealing, and directions for de-sealing were totally unconstitutional, the Council contended, seeking a direction to quash the notification as unjust, illegal, arbitrary and unconstitutional and to stay its operation till the disposal of the petition.

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