MCD presents its case in SC, seeks relief for traders
The civic body urges the court to direct de-sealing of those sealed premises, which are covered under the notification, reports Satya Prakash.india Updated: Nov 01, 2006 15:00 IST
The MCD on Tuesday moved the Supreme Court seeking relief for those traders who earlier filed affidavits that they would cease commercial activities in residential areas but were now covered under two government notifications allowing commercialisation/mixed land use on 2,183 roads/ streets in the capital.
In an application filed in the court, the MCD said that a large number of shopkeepers who have filed affidavits and whose shops are required to be sealed from November one 2006 are covered by the Notifications dated September 7 and 15, 2006.
It pointed out that in case the court subsequently holds the Notifications as constitutionally valid, these premises would have to be de-sealed as the said shops would be covered under the Notifications.
The civic body urged the court to direct de-sealing of those sealed premises, which are covered under the notifications and, therefore, are identically situated.
The MCD wanted the court to allow them to continue with the commercial activities provided they file fresh affidavits by January 31, 2007 like those covered under the notifications.
However, it sought immediate sealing of those premises whose owners had earlier filed undertakings but were not covered under the notifications dated September seven and 15, 2006.
The application could not be taken up for hearing before Monday as the Chief Justice, whose Bench has been hearing the matter, is heading a nine-judge Constitution Bench, which will continue to sit till Friday.
The MCD said it has conducted a detailed exercise of analysing the categories of those who had filed undertakings and there were only 5,500 premises, which were not covered under either of the two notifications.
"Out of a total number of around 48,000 affidavits submitted, the number of affidavits covered under commercial roads as per the two notifications are over 25,000 while those who are covered under mixed land use roads are nearly 8,000 in number," it said.
"Those who are covered under the small shops category (of 20 sq mtr and dealing in 22 permissible items) are above 9,000 in number," it said, adding some of these 9,000 persons are also covered under commercial roads and mixed land use roads.
Those falling in small shop category and not covered either commercial roads or mixed land use roads are around 1,500 in number, the MCD said.
The MCD application pointed out that the traders who had filed affidavits and are covered under the two notifications have already approached the court-appointed Monitoring Committee and requested that they be treated on a par with those who have not filed affidavits and are covered by the Notifications.
Moreover, Delhi government and its senior officials including the Chief Secretary, Commissioner of Police had also met the Monitoring Committee and given their suggestions and submissions, the agency said.
Meanwhile, the Monitoring Committee is understood to have filed another report to the court seeking an inquiry into the alleged leakage of its report to the media.
Vikas Marg Vyapar Mandal too approaches SC:
An association of traders having shops on Vikas Marg (from Madhuban Chowk to Karkari More) also filed an application seeking exemption from filing affidavits for the commercial establishments covered under the two notifications.
They submitted that irrespective of the fact that the premises holders have given undertakings or not, "every citizen of the country is bound by the orders passed by the Supreme Court."
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