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Thursday, Feb 14, 2008
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Court allows de-sealing with a caveat

J. Venkatesan

Owners should abide by its final order on plea against Centre’s notification

Where MCD has de-sealed premises, owners should give an undertaking within 10 days
If it has not yet been done, undertaking should be given before commencement of de-sealing

New Delhi: Giving a big relief to Delhi residents, the Supreme Court on Wednesday refused to stay the Centre’s January 30 notification allowing de-sealing of commercial establishments in unauthorised Delhi colonies sealed earlier on court directions.

A three-judge Bench of Justice Arijit Pasayat, Justice C.K. Thakker and Justice L.S. Panta, however, said that de-sealing would be permitted on the condition that owners would abide by the court’s final order on the petition challenging the validity of the notification.

The Bench in its interim order said that in cases where the Municipal Corporation of Delhi had de-sealed the premises, owners should give an undertaking within 10 days. In cases where they were yet to be de-sealed, the owners would have to give an undertaking before the commencement of the de-sealing process.

The Bench asked the authorities to issue a public notice for the purpose of implementation of the order, the format of which could be worked out in consultation with amicus curiae Ranjit Kumar.

The Bench issued notice to the Centre, MCD, Delhi Development Authority and the New Delhi Municipal Council asking them to give their response by the end of April in view of the changed circumstances. Any other interested party can file an affidavit by May 14, the Bench said and posted the matter for further hearing on July 7.

The Bench was hearing a petition filed by Delhi Pradesh Citizens Council challenging the notification and several individual applications seeking various reliefs. The MCD also filed an application seeking permission to go ahead with de-sealing the properties in accordance with the mandate given under the Centre’s notification.

The Council in its petition contended that by issuing the notification, the Centre had attempted to over-reach the highest court of the land. It said the notification encouraged persons who had violated the civil bye-laws and ignored 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 notification could not suspend all actions of the civic authorities undertaken under different statutes.

The Council said it appeared that the notification had been issued by the Ministry of Urban Development for political considerations and was a colourable exercise of power.

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