SC orders shops out of colonies

NEW DELHI: In a major setback to the Centre’s move to give traders relief from the court-mandated sealing operation, the Supreme Court on Thursday ordered resumption of the drive from September 16. Illegal commercial activities in residential premises on 80-feet-wide roads in Delhi will be targeted.

Once again, the traders — who had succeeded in getting the government to enact the Delhi Laws (Special Provisions) Act which put a year’s moratorium on the sealing and demolition drives — face an uncertain future.

Finding merit in the arguments of amicus curiae Ranjit Kumar and counsel Jasbir Singh Mallik, who appeared for petitioner Delhi Pradesh Citizen Council the court said the Act was prima facie ‘‘invalid’’ and could have been stayed in its entirety.

However, it said it was not ordering a blanket stay on the Act as that would amount to revival of the demolition operations, on which it had passed no orders.

A Bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and P K Balasubramanyan warned that anybody directly or indirectly interfering with the implementation of its order would render himself liable to contempt of court.

It then stayed portions of the May 20 notification issued by the urban development ministry nullifying the apex court’s February 16 orders. The government had asked the authorities to de-seal the sealed premises and not to take action against any of the illegal commercial set-ups.

The court had, however, exempted from sealing small shops which cater to the daily needs of the residents. The 40,814 persons who had filed affidavits saying they would stop misuse of residential premises by June 30 have been given time till September 15 to keep their promise. The court has, meanwhile, ordered re-sealing of the 5,006 premises de-sealed on the ministry’s directions.

It has directed the monitoring committee, which was overseeing the sealing drive before it was abandoned, to get back on the job and compile the categories of commercial activities listed in the 40,814 affidavits.

It asked the committee to give a report within a month in this regard so that the same yardstick could be applied to all those who did not file undertakings to voluntarily close shops. These premises could be sealed. Further orders will be passed in the second week of September when the matter will be heard again.