SC gives reprieve to small shops in Delhi sealing case

NEW DELHI: In a major Diwali-eve reprieve for small and medium traders operating in residential areas, the Supreme Court on Friday allowed them the benefit of two recent government notifications permitting mixed land-use on over 2,000 roads. However, the big traders who had earlier filed affidavits in the court stating that they would suo motu shift out of residential areas were not spared and will face sealing if they do not close shop by October 31.

A three-judge bench comprising chief justice YK Sabharwal, justices CK Thakker and RV Raveendran, in its 19-page order, spared from sealing small shops meeting the daily needs of the residents: vegetable vendors, chemists, grocers, confectioners and ATMs, etc.

The apex court however was not in a forgiving mood when it came to the big traders who had filed affidavits in the court to close shop in residential areas on their own. In its order, the Bench sent the big showrooms operating from posh residential colonies, packing. Upmarket restaurants, furnishing stores, automobile showrooms, corporate officers and building material shops will now have to relocate from residential areas on or before October 31 to escape sealing.
Soon after the court order, the group of ministers on sealing met to take stock and decided against taking any hasty step that would put the government in confrontation with the Supreme Court.

“We need some time to study the judgement, which is not the final verdict. We have taken note that the Supreme Court has not stayed the (September 7 and 15) notifications,” information and broadcasting minister Jaipal Reddy told newspersons after emerging from the GoM’s meeting. On whether the government was planning any concessions for the traders not given relief by the apex court, chief minister Shiela Dixit gave no commitment but said that a final decision in the matter must not be in confrontation with the court, should be lawful and give maximum relief to the traders.

Delivering its 19-page order on Friday, the apex court Bench said the small traders, to avail of exemption from sealing, must register themselves with the appropriate authority by December 31, ’06. Those wanting to benefit from the exemptions granted under the September 7 and September 15 notifications allowing commercial activity in over 2,000 residential roads, will now have to give an undertaking by November 10 that they will abide the court orders in case the Supreme Court later decided to strike down the notifications.

As for the shops which were sealed and their owners had not given an undertaking to suo moto close shop in residential areas by June 30, the Bench has asked them to move the monitoring committee for de-sealing of their premises. The committee would decide whether or not to allow de-sealing after inspecting the property and verifying the nature of the trade carried out from there.

The Bench clarified that sealing would done with immediate effect in the case of establishments not covered under the notifications. It also ruled that it would be mandatory for MCD and other authorities to assist the court in the sealing drive to make sure that no commercial activity spilled on to the roads, sidewalks, streets, lanes and bye-lanes. “The authorities should ensure that roads, streets and pathways meant for the public are kept free for their use and commercial activity is not extended thereon,” said Mr Sabharwal.